Mann v. Best
Supreme Court of Missouri
Jlppeal from Gentry Circuit Cov/rt. I. The county court had no right to take such a mortgage for school moneys. It had no power to do any act in relation to the loaning of the school fund, except such as the laws of the State specifically gave it. (Ray Co. vs. Bentley, 49 Mo., 236; R. C., 1855, p. 1424, § 22 ; Id., p. 1425-6, § 30; Nor-cum vs. D’Oench, 17 Mo., 117.) II.
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Jlppeal from Gentry Circuit Cov/rt. I. The county court had no right to take such a mortgage for school moneys. It had no power to do any act in relation to the loaning of the school fund, except such as the laws of the State specifically gave it. (Ray Co. vs. Bentley, 49 Mo., 236; R. C., 1855, p. 1424, § 22 ; Id., p. 1425-6, § 30; Nor-cum vs. D’Oench, 17 Mo., 117.) II. The mortgagor in the mortgage could confer no power upon said county court to appoint an agent to sell said mortgaged'lands, or to convey the same, nor could the county court make good the act of the agent by ratification.…
1Opinion of the CourtNapton, Judge
The plaintiffs in this case, who are four of the five heirs of Jeremiah Wright, by their petition, filed in 1872, ask to redeem a mortgage given to Gentry county by said Wright to secure the sum off 1,010, borrowed of the school fund. The mortgage was given in 1859, a'nd the deed stated that the party of the second part (Gentry county) “is hereby authorized and empowered by the said party of the first part, by her agent to be appointed by the county court for that purpose, to sell said described premises, or any part thereof, first giving twenty days’ notice, etc.”
Wright, the mortgagor, died…
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