Sheridan v. Nation
Supreme Court of Missouri
Error to St. Louis City Circuit Court. — Hon. John A. Tally, Judge. (1) The contract set up in the petition as the basis of relief, being a contract modifying, changing and varying the contract of the deed of trust with its power of sale, is itself a contract for the sale of lands, tenements and hereditaments, or of an interest in or concerning them, and as such the statute of frauds required that it or some memorandum or note thereof should be in writing and signed by…
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Error to St. Louis City Circuit Court. — Hon. John A. Tally, Judge. (1) The contract set up in the petition as the basis of relief, being a contract modifying, changing and varying the contract of the deed of trust with its power of sale, is itself a contract for the sale of lands, tenements and hereditaments, or of an interest in or concerning them, and as such the statute of frauds required that it or some memorandum or note thereof should be in writing and signed by appellant or some person authorized by him, to make him liable to be charged upon the same. E. S. 1889, sec. 5186; E. S.…
1Opinion of the CourtRobinson, J.
This is a proceeding in equity to set aside a trustee’s sale of certain real estate situate in St. Louis, and to permit plaintiffs to redeem, commenced in the circuit court of the city of St. Louis by the surviving heirs of Patrick Sheridan, deceased.
*32The petition states in substance that on October 5, 1888, the plaintiffs obtained a loan of money from the defendant and secured the same by a principal note for $350, payable three years after date, and six semiannual interest notes, each for the sum of $14, payable respectively in 6, 12, 18, 24, 30 and 36 months after date, together with a deed…
2Cases cited6 opinions
- Rutherford v. WilliamsSupreme Court of Missouri · 1867
- Watson v. WatsonMichigan Supreme Court · 1883
- Cassady v. WallaceSupreme Court of Missouri · 1890
- Clarkson v. CreelySupreme Court of Missouri · 1867
- Orr v. McKeeSupreme Court of Missouri · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- National Surety Co. v. Oklahoma Presbyterian College for GirlsSupreme Court of Oklahoma · 1913
- Edwards v. LatimerSupreme Court of Missouri · 1904
- Carpenter v. RothSupreme Court of Missouri · 1906
- Robinovitz v. HamillSupreme Court of Oklahoma · 1914
6 more not listed; retrieve them via the Exa API.