House v. Clarke
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Eon. W. N. Evans, Judge. (1) The cashier of a bank cannot act as trustee and foreclose the equity of redemption. Thacker v. Tracy, 8 Mo. App. 315. (2) Nor can the president of a bank act as trustee and by foreclosure proceedings destroy the right of the maker to redeem. The law will not permit the officer of a bank to act as trustee in any case wherein the bank is creditor and the maker of the deed is the debtor.
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Appeal from Howell Circuit Court. — Eon. W. N. Evans, Judge. (1) The cashier of a bank cannot act as trustee and foreclose the equity of redemption. Thacker v. Tracy, 8 Mo. App. 315. (2) Nor can the president of a bank act as trustee and by foreclosure proceedings destroy the right of the maker to redeem. The law will not permit the officer of a bank to act as trustee in any case wherein the bank is creditor and the maker of the deed is the debtor. Landrum v., Bank, 63 Mo. 48. (3) The general rule is that a trustee cannot purchase at his own sale. If he does, the equity of redemption remains.…
1Opinion of the CourtRobertson, P. J.
Plaintiffs, as the children and only heirs at law of John S. House, deceased, brought this action to redeem 220 acres of land in *244Howell county, from a sale under a deed of trust given by said deceased to defendant Hogan, as trustee, to secure a note to the defendant bank. The sale under the deed of trust was made to defendant Clarke.
We are of the opinion that this case involves title to real estate within the meaning of section 12, article 6 of the Constitution. There are instances in which the Supreme Court has recognized its jurisdiction in actions of this character, as in the cases of…
2Cases cited3 opinions
- Arnett v. WilliamsSupreme Court of Missouri · 1910
- Keith v. BrowningSupreme Court of Missouri · 1897
- Sturgeon v. MuddSupreme Court of Missouri · 1905
3Cited by1 opinion
- Casebolt v. CourtneyMissouri Court of Appeals · 1914