Barnett v. Smart
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Eon. Jas. E. Lay, Judge. (1) The power of Woodson to sell under said deed is to be strictly construed. 4 Kent (13 Ed.), 330; 2 Washburn on Real Prop. (3 Ed.), 317; 18 Am. and Eng.
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Appeal from Bates Circuit Court. — Eon. Jas. E. Lay, Judge. (1) The power of Woodson to sell under said deed is to be strictly construed. 4 Kent (13 Ed.), 330; 2 Washburn on Real Prop. (3 Ed.), 317; 18 Am. and Eng. Ency. of Law, 938; Pettis Co. v. Gibson, 73 Mo. 502; Wood v. Kice, 103 Mo. 336; Heidelberg v. St. Francois Co., 100 Mo. 75; Price v. Courtney, 87 Mo. 392. “A power of sale like all other powers can only be exercised in the mode and upon the exact conditions prescribed in the instrument of trust.” 2 Perry on Trusts (2 Ed.), secs. 475, 783; 27 Am. and Eng. Ency. of Law, 133, and…
1Opinion of the CourtValliant, J.
This is an action in ejectment for certain lands in Oass county. The dominant facts gathered from the evidence are as follows:
In 1845 the land in suit was conveyed by one Stephens to Samuel H. Woodson in trust to be possessed and enjoyed by Sinah Maxwell for her sole and separate use during her life, and after her death and the coming of age of her youngest child to be sold by the trustee, and the proceeds divided equally between her children. TTpon the execution of the deed Sinah Maxwell went into possession and had the exclusive use of the land until November 16, 1865, when she and five of…
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