Tracy v. Gravios Railroad
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Adams, J. The appellant was entitled to compensation as trustee, arid allowance for expenses and liabilities, as a matter of law. — Goode v. Comfort, 39 Mo. 313 ; Carter v. Ashire, 48 Mo. 300; Chesley v. Chesley, 49 Mo. 540; Gale v. Mensing, 20 Mo. 461. The appellant was entitled to compensation by the express stipulation of the trust-deed. — 2 Perry on Trusts (2d ed.), sect. 906. The “ act regulating fees on auction sales under…
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Appeal from the St. Louis Circuit Court, Adams, J. The appellant was entitled to compensation as trustee, arid allowance for expenses and liabilities, as a matter of law. — Goode v. Comfort, 39 Mo. 313 ; Carter v. Ashire, 48 Mo. 300; Chesley v. Chesley, 49 Mo. 540; Gale v. Mensing, 20 Mo. 461. The appellant was entitled to compensation by the express stipulation of the trust-deed. — 2 Perry on Trusts (2d ed.), sect. 906. The “ act regulating fees on auction sales under securities for debt ” is no bar to the plaintiff’s action. — Sess. Acts 1874, p. 62; Meyers’ Supp. to Wag. Stats., 177, 178,…
1Opinion of the CourtLewis, P. J.
The case shown in the petition and proofs is as follows: On June 5, 1873, the Gravois Bailroad Company conveyed to the plaintiff and E. D. Jones all its property, stock, road-bed, right of way, privileges, and franchises, in trust, to secure the payment of bonds issued by the corporation, to *296the amount of $175,000. The form of the deed differed in no material particular from the ' one in common use for similar purposes. In the month of July, 1878, the trustees were required, by an order of the circuit court, under Revised Statutes, section 3931, to give a bond, with sureties, in the sum of…
2Cases cited2 opinions
- Masterson v. West End Narrow Gauge RailroadSupreme Court of Missouri · 1880
- Gritchell v. KreidlerMissouri Court of Appeals · 1882
3Cited by9 opinions
- Lolordo v. LacySupreme Court of Missouri · 1935
- Garesche v. Levering Investment Co.Supreme Court of Missouri · 1898
- In Re Verne LacyMissouri Court of Appeals · 1937
- Clark v. First National BankMissouri Court of Appeals · 1894
- Transport Manufacturing & Equipment Co. v. Fruehauf Trailer Co.Court of Appeals for the Eighth Circuit · 1961
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