Edwards v. Gottschalk
Missouri Court of Appeals
Appeal from tlie St. Louis Circuit Court, Shepard Barclay, Judge. A mortgagee may purchase. McNair v. Bidclle, 8 Mo. 257; Cowan v. Barrett, 18 Mo. 257; MedsJcer v. Sweeney, 45 Mo. 273 ; Worley v. Bryden, supra. An attorney may purchase (Grayson v. Widdle, 63 Mo. 539 ; Paige Stubbs, 39 Iowa, 537; Weeks on Attorneys, sect. 275; Hawley'v. Cramer, 4 Cowen, 717; Beardsly v. Hoot, 11 Johns. Rep. 464 ; Werdell v. Van Renselar, 1 John.
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Appeal from tlie St. Louis Circuit Court, Shepard Barclay, Judge. A mortgagee may purchase. McNair v. Bidclle, 8 Mo. 257; Cowan v. Barrett, 18 Mo. 257; MedsJcer v. Sweeney, 45 Mo. 273 ; Worley v. Bryden, supra. An attorney may purchase (Grayson v. Widdle, 63 Mo. 539 ; Paige Stubbs, 39 Iowa, 537; Weeks on Attorneys, sect. 275; Hawley'v. Cramer, 4 Cowen, 717; Beardsly v. Hoot, 11 Johns. Rep. 464 ; Werdell v. Van Renselar, 1 John. Ch. 344), where a cestioi que trust has no title. Price v. Evans, 26 Mo. 31. As Mr. Gottschalk agreed to buy the property at the first sale, advance the necessary…
1Opinion of the CourtThompson, J.
This suit is brought as a suit in equity, for the purpose of having the defendant declared the trustee for the plaintiff, in respect of a certain piece of real property described in the petition, to compel a conveyance of the property from the defendant to the plaintiff, and for an accounting with him of th¿ rents and profits during the time of his holding the legal title. The court entered a decree in favor of the plaintiff, awarding her the *551relief demanded, and directing a reference tor the purpose of taking and stating an account, and ascertaining the amount due the plaintiff from the…
2Cases cited6 opinions
- Bent v. PriestSupreme Court of Missouri · 1885
- Bent v. PriestMissouri Court of Appeals · 1881
- Roberts v. MoseleySupreme Court of Missouri · 1877
- McAllen v. WoodcockSupreme Court of Missouri · 1875
- Baker v. Springfield & Western Missouri RailroadSupreme Court of Missouri · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hall v. SmithSupreme Court of Missouri · 1962
- Turner v. ButlerSupreme Court of Missouri · 1894
- Swofford Bros. Dry Goods Co. v. RandolphMissouri Court of Appeals · 1910