West v. Spencer
Supreme Court of Missouri
Appeal from Greene Circuit Court. — How. Jas. T. Neville, Judge. (1) The power of sale in the trust deed must be strictly followed. The power of sale contained in a deed of trust given to secure a debt must be strictly pursued. Schnakewerlc v. Hoberecht, 117 Mo. 22. (2) The title to the lands in question was vested in John Manlove, sheriff.
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Appeal from Greene Circuit Court. — How. Jas. T. Neville, Judge. (1) The power of sale in the trust deed must be strictly followed. The power of sale contained in a deed of trust given to secure a debt must be strictly pursued. Schnakewerlc v. Hoberecht, 117 Mo. 22. (2) The title to the lands in question was vested in John Manlove, sheriff. The trustee in a deed of trust given upon land to secure the payment of debts takes the title, and when the title to the property once becomes vested in the trustee by default, it continues vested in him until divested by some disqualification on his part…
1Opinion of the CourtLamm, J.
-Ejectment by West for twenty-five acres of land in the southwest corner of the southwest quarter of the northwest quarter of section 21, township 29, range 25, Lawrence county, describes by metes *67and bounds. Ouster is laid as of tbe--day of January, 1907. Cast below on a trial on the merits, plaintiff comes up by appeal.
As presently appearing, there is but a single question in tbe case, and that apart, from tbe pleadings. Hence, they may be put to one side.
Plaintiff is tbe common source of title. On May 2, 1896, be and bis wife conveyed tbe land to a Doctor Paris as trustee to secure a note…
2Cases cited4 opinions
- Betzler v. JamesSupreme Court of Missouri · 1910
- Ryan v. MillerSupreme Court of Missouri · 1911
- Feller v. LeeSupreme Court of Missouri · 1910
- McNutt v. Mutual Benefit Life InsuranceSupreme Court of Missouri · 1904
3Cited by7 opinions
- Sarlls, City Clerk v. State, Ex Rel.Indiana Supreme Court · 1929
- Glastris v. Union Electric Co.Missouri Court of Appeals · 1976
- State v. Local No. 8-6, Oil, Chemical & Atomic Workers International UnionSupreme Court of Missouri · 1958
- Coalition to Preserve Education on the Westside v. School District of Kansas CityMissouri Court of Appeals · 1983
- County of Los Angeles v. BitterCalifornia Court of Appeal · 1951
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