Dover v. Kennerly
Supreme Court of Missouri
Appeal from, Jefferson Circuit Court. I. The re-sale of the property by the trustee, upon the failure of O’Eallon to pay the amount of his bid at the first sale, was in conformity with the power vested in trustee, and with the universal practice where a power of sale is given either by a grantor to a trustee or mortgagee, or by a court to any of its officers — Stewart v. Garvin, 33 Mo. 105 ; Vannerson v. Cord, 1 S. & M. Ch. 845-6 ; Bicknell v. Byrnes, 23 How.
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Appeal from, Jefferson Circuit Court. I. The re-sale of the property by the trustee, upon the failure of O’Eallon to pay the amount of his bid at the first sale, was in conformity with the power vested in trustee, and with the universal practice where a power of sale is given either by a grantor to a trustee or mortgagee, or by a court to any of its officers — Stewart v. Garvin, 33 Mo. 105 ; Vannerson v. Cord, 1 S. & M. Ch. 845-6 ; Bicknell v. Byrnes, 23 How. Pr. 486; Laeey v. Giboney, 36 Mo. 320. II. The agreement made by the Kennerlys witli the trustee, that they would wait a few days for…
1Opinion of the Court
Holmes, Judge,
delivered the opinion of .the court.
This was a petition in equity by the grantor in a deed of trust on real estate made to secure the payment of six negotiable promissory notes, and it was brought against' the defendants Kennerly & Co., holders of two of the notes and purchasers at a sale under a deed of trust, praying to have -the trhstee’s deed to them set aside and annulled for the reason that one sale had already been made under a previous notice, and on the ground of fraud in making a second sale. The notes were drawn payable to John O’Failon, Jr., *473and two of them liad been…
2Cases cited5 opinions
- Gardner v. ArmstrongSupreme Court of Missouri · 1862
- Stine v. WilksonSupreme Court of Missouri · 1846
- Barnard v. DuncanSupreme Court of Missouri · 1866
- Wooton v. HinkleSupreme Court of Missouri · 1855
- Neal v. StoneSupreme Court of Missouri · 1855
3Cited by7 opinions
- Sherwood v. SaxtonSupreme Court of Missouri · 1876
- O'Fallon v. KennerlySupreme Court of Missouri · 1869
- Love v. HarrisSupreme Court of North Carolina · 1911
- Love v. . HarrisSupreme Court of North Carolina · 1911
- Meyer v. Jefferson InsuranceMissouri Court of Appeals · 1878
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