Hardwicke v. Hamilton
Supreme Court of Missouri
Appeal from Bay Circuit Court. — Hon. Joseph E. Black, Special Judge. (1) On the evidence the judgment ought to be reversed, the facts not warranting the decree entered. (2) No fraud can be predicated of a neglect to pay a debt. (3) The concession made by plaintiff that the trustee and cestui que trust acted in all things Iona fide operates to preclude him from relief in this suit. (4) The Sextons should have been made parties.
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Appeal from Bay Circuit Court. — Hon. Joseph E. Black, Special Judge. (1) On the evidence the judgment ought to be reversed, the facts not warranting the decree entered. (2) No fraud can be predicated of a neglect to pay a debt. (3) The concession made by plaintiff that the trustee and cestui que trust acted in all things Iona fide operates to preclude him from relief in this suit. (4) The Sextons should have been made parties. (1) As the Sextons were not shown to have any interest in the property in controversy, after the trustee’s sale, they were not necessary parties. Fox' v. Meyer, 54 N.…
1Opinion of the CourtBurgess, J.
Action to set aside a sale by trustee under deed of trust. On the fifteenth day of November, 1887, Mina R. Sexton and Warren B. Sexton, her husband, 'were the owners of two hundred and forty acres of land in Ray county, upon which they, on that day, negotiated a loan with the Missouri Trust Company of Sedaba, Missouri, for the sum of $1,700, and gave their note in payment thereof, secured by deed of trust which was duly recorded; said note became due and payable on the first day of November, 1892, and had ten interest coupons thereto attached whereby they promised to pay interest on said…
2Cases cited1 opinion
- Phillips v. StewartSupreme Court of Missouri · 1875
3Cited by26 opinions
- Hampshire v. GreevesTexas Supreme Court · 1912
- Powers v. ShoreSupreme Court of Missouri · 1952
- Lowther v. HaysSupreme Court of Missouri · 1950
- Scott v. PaisleySupreme Court of the United States · 1926
- Bayer v. American Mutual Casualty CompanySupreme Court of Missouri · 1962
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