State ex rel. Holliday v. Benoist
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. This was au action instituted by the plaintiffs on a bond given by Benoist to the sheriff of St. Louis county, upon the levy of an execution in favor of Benoist against the Pilot Knob Iron Company. Plaintiffs claimed the property as trustees and assignees. The execution creditor gave bond as required by the St. Louis act.respecting sheriffs, &c.
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Error to St. Louis Court of Common Pleas. This was au action instituted by the plaintiffs on a bond given by Benoist to the sheriff of St. Louis county, upon the levy of an execution in favor of Benoist against the Pilot Knob Iron Company. Plaintiffs claimed the property as trustees and assignees. The execution creditor gave bond as required by the St. Louis act.respecting sheriffs, &c. The action involves the validity of an assignment, or conveyance in trust, made by the Pilot Knob Iron Company in February, 1862. The powers given in the deed were as follows : “In trust, however, for the…
1Opinion of the CourtHolmes, Judge
There was some discussion as to whether the instrument in question here was to be considered as a deed of trust in the nature of a mortgage security for a debt, or a partial assignment for the benefit of creditors. It does not purport to be a security for a debt, with power to sell if the debt be not paid when due. It conveys the property absolutely to trustees, to be sold for the payment of the debts named and preferred in it. It is clearly a partial assignment for the benefit of creditors, and not a mortgage security. Such instruments have always been treated as assignments — Gale v.…
2Cases cited4 opinions
- Reed v. PelletierSupreme Court of Missouri · 1859
- Gates v. LabeaumeSupreme Court of Missouri · 1853
- Gale v. MensingSupreme Court of Missouri · 1855
- Manny v. LoganSupreme Court of Missouri · 1858
3Cited by20 opinions
- Shelley v. BootheSupreme Court of Missouri · 1880
- Crow v. BeardsleySupreme Court of Missouri · 1878
- Sandusky v. FarisWest Virginia Supreme Court · 1901
- Donovan v. DunningSupreme Court of Missouri · 1879
- Douglass v. CissnaMissouri Court of Appeals · 1885
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