McKnight v. Wimer
Supreme Court of Missouri
Appeal from, St. Louis Land Court. The court belo.w erred in deciding that no title passed to the appellant. I. Because there was express power given in the deed of trust to the sheriff to advertise, sell, and convey. II. Admitting for argument sake that there was no title in the sheriff, still, as the power was given to sell and convey, he could do it and pass the title.
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Appeal from, St. Louis Land Court. The court belo.w erred in deciding that no title passed to the appellant. I. Because there was express power given in the deed of trust to the sheriff to advertise, sell, and convey. II. Admitting for argument sake that there was no title in the sheriff, still, as the power was given to sell and convey, he could do it and pass the title. A sheriff, under execution, can sell and convey real estate, although there is no title in him; also, an administrator can sell and convey real estate under an order of the probate court; also an executor, under a will,…
1Opinion of the CourtWagner, Judge
This was an action of ejectment brought in the Land Court for the possession of a lot in the city of St. Louis. Plaintiff claimed title by virtue of a deed from the sheriff of St. Louis county, who sold the premises under a deed of trust.
The record shows that on the 26th day of September, 1860, E. H. Shepard, trustee of Abigail S. Wimer, and John M. Wimer and Abigail his wife, executed to Josiah G. McClellan, as trustee, their certain deed of conveyance, conveying the lot in controversy for the purpose of securing the payment of certain promissory notes therein specified. It was provided in…
2Cases cited3 opinions
- Wooldridge's heirs v. WatkinsCourt of Appeals of Kentucky · 1814
- Lessee of Zebach v. SmithSupreme Court of Pennsylvania · 1810
- Miller v. EvansSupreme Court of Missouri · 1864
3Cited by4 opinions
- Swabey v. BoyersSupreme Court of Missouri · 1918
- White v. StephensSupreme Court of Missouri · 1883
- Gentry v. RobinsonSupreme Court of Missouri · 1874
- Whittelsey v. HughesSupreme Court of Missouri · 1866