Arnett v. Williams
Supreme Court of Missouri
Appeal from St. Clair Circuit Court. — 'Son, G. A. Denton, Judge. (1) The deed of trust explicitly names George M. Riddle, trustee, and he covenants to' perform the trust. He drew the trust deed himself. It clearly appears upon the deed that J. M. Offield was the payee of the note secured, and the beneficiary under the deed. The deed was valid in all respects as a deed of trust with power of sale in the trustee, and, upon his absence or refusal to act, in the sheriff.
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Appeal from St. Clair Circuit Court. — 'Son, G. A. Denton, Judge. (1) The deed of trust explicitly names George M. Riddle, trustee, and he covenants to' perform the trust. He drew the trust deed himself. It clearly appears upon the deed that J. M. Offield was the payee of the note secured, and the beneficiary under the deed. The deed was valid in all respects as a deed of trust with power of sale in the trustee, and, upon his absence or refusal to act, in the sheriff. Hence, foreclosure by advertisement and sale was the proper method. Gaines v. Allen, 58 Mo. 537; Boyce v. Sykes, 97 Mo. 362; 2…
1Opinion of the CourtLamm, P. J.
Prom a decree of the St. Clair Circuit Court, setting aside a trustee’s sale of 160 acres of land in St. Clair county, a trustee’s deed to the purchaser and a deed from the latter to Williams, upon terms imposed as the price of the decree, to-wit, the payment of the secured debt, interest, expenses of the sale, etc., Williams appeals.
The sale was made on the 27th day of November, 1899, by Decherd, then sheriff of St. Clair county, under a deed of trust dated February 26, 1896. The title to the land then stood in Mary A. Arnett, a married woman — her husband being a tenant by the curtesy. She…
2Cases cited4 opinions
- Rutter v. CarothersSupreme Court of Missouri · 1909
- Gaines v. AllenSupreme Court of Missouri · 1875
- Rackliffe v. SealSupreme Court of Missouri · 1865
- Boyce v. SikesSupreme Court of Missouri · 1888
3Cited by10 opinions
- Judah v. PittsSupreme Court of Missouri · 1933
- Kennon v. CampSupreme Court of Missouri · 1962
- Fitzpatrick v. FedererSupreme Court of Missouri · 1958
- Morris Plan Co. v. Fountain (In Re Fountain)United States Bankruptcy Court, W.D. Missouri · 1983
- State Ex Rel. Wilkins v. KingSupreme Court of Missouri · 1945
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