Miller v. Evans
Supreme Court of Missouri
Error to St. Louis Land Court. The sheriff had power to make the sale under the deed of Mordecai and Clamorgan to Thompson. (Foster v. G-oree, 4 Ala. 440; Wooldrige v. Planters’ Bank, 1 Sneed, 302; Goss v. Singleton, 2 Head, 67 ; Gibbs v. Marsh, 2 Metcalf, 243, 244, 253.) Trustee may sell for non-payment of intcr-est, although debt be not due. (Richard y. Holme, 18 How. ü.
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Error to St. Louis Land Court. The sheriff had power to make the sale under the deed of Mordecai and Clamorgan to Thompson. (Foster v. G-oree, 4 Ala. 440; Wooldrige v. Planters’ Bank, 1 Sneed, 302; Goss v. Singleton, 2 Head, 67 ; Gibbs v. Marsh, 2 Metcalf, 243, 244, 253.) Trustee may sell for non-payment of intcr-est, although debt be not due. (Richard y. Holme, 18 How. ü. S. 143.) The Land Court seemed to proceed upon the erroneous idea, that a party can not be empowered to sell land without owning an interest or estate in it; thus abrogating the whole doctrine of naked powers. Sheriffs,…
1Opinion of the CourtDryden, Judge
This was a proceeding to set aside a sale to the defendants made under a deed of trust, and for leave to redeem. The plaintiffs claim to have acquired the equity of redemption in the property in controversy, viz., lot No. 17, in Riley’s addition to the city of St. Louis, by virtue of a purchase at a trustees’ sale, made under a deed of trust junior to that under which the defendants claim.
The Land Court rendered a decree vacating the deed under which the defendants derived their title, and permitting the plaintiffs to redeem; from which the defendants appealed to this court.
The material…
2Cited by1 opinion
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