Plummer v. Knight
Missouri Court of Appeals
Appeal from Jasper Circuit Court.—Ron. David E. Blair, Judge. (1) The deed of trust securing the note in controversy in this case, authorizes a sale by the trustees, or in his absence by the sheriff, in case of default in payment of interest or principal, at the request of the legal holder of said notes and unpaid coupons. Therefore a sale without authority from the legal holder of said note would be void.
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Appeal from Jasper Circuit Court.—Ron. David E. Blair, Judge. (1) The deed of trust securing the note in controversy in this case, authorizes a sale by the trustees, or in his absence by the sheriff, in case of default in payment of interest or principal, at the request of the legal holder of said notes and unpaid coupons. Therefore a sale without authority from the legal holder of said note would be void. Magee v. Burch, 108 Mo. 336; Burchard v. Hull, 71 Minn. 430, 74 N. W. 163; Dexter v. Morrow, 76 Minn. 413, 79 N. W. 394; White v. Madigan, 78 Minn. 286, 80 N. W. 1125; Corey v. Hunter, 10…
1Opinion of the CourtNixon, P. J.
So it will be seen that the paramount issue presented in this case is as to the authority of the sheriff as acting trustee to make the foreclosure and execute the trustee’s deeds. At the trial, J. P. Newell was offered as a witness by the defense and his testimony was received over the objections of the plaintiff. He testified substantially that he had charge of A. A. Plummer’s loans and investments in Jasper county and collected the interest or principal of the same when they became due; that he' made a loan to John W. Knight, took the note payable to himself which he assigned and turned…
2Cases cited18 opinions
- City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
- Cummings v. HurdMissouri Court of Appeals · 1892
- Burchard v. HullSupreme Court of Minnesota · 1898
- St. Louis Gunning Advertising Co. v. Wanamaker & BrownMissouri Court of Appeals · 1905
- Baker v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1886
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3Cited by9 opinions
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- McDonald v. SmithMissouri Court of Appeals · 1918
- Perles & Stone, Inc. v. Childs Co.Supreme Court of Missouri · 1935
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