House v. Clarke

Decided May 5, 1913

Missouri Court of Appeals · decided 1913-05-05

— 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.

Cited by 2 later decisions — most recently January 1914

2 state decisions

Relies on Arnett v. Williams · Keith v. Browning · Sturgeon v. Mudd

Good law ✅— No negative treatment on recordhow we know

TRANSFERRED TO' THE SUPREME CoUET · Decided 1913-05-05

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ROBERTSON, P. J.

¶1Plaintiffs, 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.

¶2We 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 Keith v. Browning, 139 Mo. 190, 193, 40 S. W. 764; Sturgeon v. Mudd, 190 Mo. 200, 202, 88 S. W. 630; and Arnett v. Williams, 226 Mo. 109, 125 S. W. 1154.

¶3This cause is, therefore, transferred to the Supreme Court.

All concur.