Hanson v. Neal

CourtUnited States State Supreme Court of Missouri
Citation114 S.W. 1073,215 Mo. 256
PartiesHANSON v. NEAL et al.
Decision Date25 November 1908

Appeal from Circuit Court, Ripley County; W. N. Evans, Judge.

Action by Anna M. Hanson against George A. Neal and others. From a judgment for plaintiff, two of defendants appeal. Reversed, and remanded with directions.

Plaintiff, beneficiary under a deed of trust covering 1,360 acres of land, more or less, in Ripley county, Mo., and securing an indebtedness of between $2,000 and $3,000, on the 8th day of February, 1905, brought her suit in equity against A. J. O'Neal, sheriff and acting trustee making a sale under said deed of trust, and George A. Neal and Thomas F. Lane, purchasers at such trustee's sale, the object and general nature of which was to set aside the sale and the deeds made to them. The decree, nisi, went in favor of plaintiff against all the defendants. The sheriff abides the decree; Neal and Lane appeal.

The petition alleges the execution and record of the deed of trust on the 23d day of September, 1901, by one Keith and wife to Robert Moore, trustee for plaintiff, to secure notes made by Keith aggregating $3,144.80. That certain of the lands conveyed (describing several tracts) were in sections 7, 17, 18, and 19, in township 24, range 3. These lands comprised about 560 acres, and for convenience will be called "Tract A." Certain other lands conveyed (describing several tracts) were in sections 2, 3, and 10, in township 23, range 1. The latter comprised about 800 acres, and for convenience will be called "Tract B." It is averred that the trustee nominated in the deed of trust refused to act, and that at the request of the legal holder of the secured notes the acting sheriff of Ripley county, defendant O'Neal, acted as trustee under the powers and terms in the deed of trust, and advertised a sale to take place on the 8th day of February, 1905. That, on the day preceding the sale, plaintiff through her agent requested the sheriff not to sell the lands till the arrival of the Neeleysville train at Doniphan, the place of sale, so that she might be represented. That the said sheriff before noon and at an unusual hour, and before the arrival of said train, sold the lands in the absence of plaintiff or any one representing her, and Lane and Neal became the purchasers, to wit, said Lane of tract A at $35, and said Neal of tract B at $152. That the land was reasonably worth $4,000, and was sold at the aforesaid grossly inadequate price. That the train from Neeleysville arrived at Doniphan at about 11:30 a. m. on February 8, 1905, and if the sheriff had postponed the sale until the arrival of said train plaintiff would have been represented at the sale and would have prevented the sacrifice of said lands by bidding thereon. That the sheriff and acting trustee tendered plaintiff the proceeds of said sale after deducting expenses, which she refused to receive. That in turn she offered to pay the expenses incurred in the sale, and still offers and tenders the amount incurred by reason of such expenses. That a deed to the purchaser Lane has not been filed for record, and plaintiff had no knowledge as to whether one had been executed. There was no allegation in the bill that Keith was...

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127 cases
  • Stocker v. City of Richmond Heights, 25126.
    • United States
    • Court of Appeal of Missouri (US)
    • November 7, 1939
    ...Reserve, 48 S.W. (2d) 158; Bragg v. Specialty Shoe Co., 34 S.W. (2d) 184; Rositzky v. Rositzky, 46 S.W. (2d) 591; Hanson v. Neal et al., 215 Mo. 256, 114 S.W. 1073; Title 15, U.S.C.A., secs. 1-2 and 721-728; Brooks v. City of Seattle, 74 Pac. (2d) 1008; Taylor et al. v. City of Los Angeles,......
  • State ex rel. Brancato v. Trimble, 29147.
    • United States
    • United States State Supreme Court of Missouri
    • March 27, 1929
    ...Mo. 680; Dakan v. Mercantile Co., 197 Mo. 238; Loftus v. Met. St. Ry. Co., 220 Mo. 470; Clark v. Railroad, 127 Mo. 197; Hansen v. Neal, 215 Mo. 256. (3) The Supreme Court on certiorari to quash opinion of Court of Appeals for conflict is limited to the facts and issues stated in the opinion......
  • Morris v. Hanssen, 32208.
    • United States
    • United States State Supreme Court of Missouri
    • December 21, 1934
    ...There cannot be in the very nature of things an adequate remedy at law as a substitute for such an action in equity. Hanson v. Neal, 215 Mo. 256, 114 S.W. 1073, was a suit by the owner of notes secured by deed of trust on land to set aside the fraudulent foreclosure of same and consequent t......
  • Kelso v. Ross Construction Co., 32202.
    • United States
    • United States State Supreme Court of Missouri
    • July 9, 1935
    ...Hudson v. Cahoon, 193 Mo. 547, 91 S.W. 72; McGrew v. Ry. Co., 230 Mo. 511, 132 S.W. 76; Sec. 774, R.S. 1929; Hanson v. Neal, 215 Mo. 278, 114 S.W. 1073; Childs v. Ry. Co., 117 Mo. 426, 23 S.W. 373. (2) The point is made that the court erred in giving plaintiffs' Instruction 1 for the reason......
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