Martin v. Paxson
Supreme Court of Missouri
Error to Morgan Circuit Court. — Hon. .George W. Miller, Judge. ' 1. Brand was not a trustee, having never accepted the trust either by signing the deed, or by assent, oral or written, nor by any act indicating such acceptance, nor does it appear that he had any notice whatever of his appointment. Hill on Trustees, edition of 1854, top pages 303, 304, 306; 2 Am. Law Reg. (N. S.,) pp, 651, 652, 653, 706, 713. A fair construction of the statute sustains the same view.
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Error to Morgan Circuit Court. — Hon. .George W. Miller, Judge. ' 1. Brand was not a trustee, having never accepted the trust either by signing the deed, or by assent, oral or written, nor by any act indicating such acceptance, nor does it appear that he had any notice whatever of his appointment. Hill on Trustees, edition of 1854, top pages 303, 304, 306; 2 Am. Law Reg. (N. S.,) pp, 651, 652, 653, 706, 713. A fair construction of the statute sustains the same view. Rev. Code 1855, p. 1554. The first section was not changed until the revision of 1865; and the second not until 1872. By the law…
1Opinion of the CourtHough, J.
— This was an action of ejectment for certain land in Morgan county. On the-12th day of September 1860, the plaintiff executed a deed of trust conveying the land in .controversy to H. H. Brand, as trustee, to secure the payment of a promissory note, of even date therewith, executed by him to E. N. Warfield, and made payable twelve months thereafter. In the event of default in the payment of said note, the trustee, his executor, or administrator, was authorized, by the provisions of said deed, to sell the property described, at public sale, “ at the court house door in the city of Boonville,…
2Cases cited1 opinion
- DeJarnette v. DeGivervilleSupreme Court of Missouri · 1874
3Cited by4 opinions
- In Re WilliamsSupreme Court of North Carolina · 1908
- Cockrell v. TaylorSupreme Court of Missouri · 1940
- Wells v. German InsuranceSupreme Court of Iowa · 1905
- Casperson v. DunnNew Jersey Court of Chancery · 1886