Goode v. Comfort
Supreme Court of Missouri
Appeal from St. Louis Land Cowrt. I. The trustee is by rule of law agent of both debtor and creditor, and as such has positive duties which he must impartially discharge to each.
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Appeal from St. Louis Land Cowrt. I. The trustee is by rule of law agent of both debtor and creditor, and as such has positive duties which he must impartially discharge to each. He must so conduct the sale that the property shall be offered to good advantage' — Hill on Trustees, 479, 480, 495 ; Lewin on-Trusts, 367, ch. 19 ; 18 How. 143 ; Anderson v. Bumgartuer, 27 Mo. 77; Stine v. Wilkson, 10 Mo. 93; Gray v. Shaw, 14 Mo. 341; Rector v. Hart, 8 Mo. 460 ; Conway v. Nolte, 11 Mo. 76; 2 Am. Law. Reg. (N. S.) 712. II. The discharge of these duties requires the exercise of a discretion in the…
1Opinion of the CourtWagner, Judge
This was a suit brought to set aside a sale made under a deed of trust, and praying that the appellant might be allowed to redeem the premises so sold. The petition states, the plaintiff, by deed dated June 9, 1855, together with her husband George W. Goode, conveyed unto Comfort and Darby, as trustees, certain premises in the city of St. Louis, consisting of certain lands facing 188 feet on south line of Morgan street, and 144 feet 7 inches on Sixteenth street; also, of another certain piece of land running 188 feet along the north line of Christy avenue, and 144 feet 7 inches along the west…
2Cases cited2 opinions
- Singleton v. ScottSupreme Court of Iowa · 1859
- Gray v. ShawSupreme Court of Missouri · 1851
3Cited by26 opinions
- Edwards v. SmithSupreme Court of Missouri · 1959
- Sherwood v. SaxtonSupreme Court of Missouri · 1876
- Stoffel v. SchroederSupreme Court of Missouri · 1876
- Holdsworth v. ShannonSupreme Court of Missouri · 1893
- Charles Green Real Estate Co. v. St. Louis Mutual House Building Co. No. 3Supreme Court of Missouri · 1906
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