50 Mo. 22 | Mo. | 1872
delivered the opinion of the court.
The respondents, Graham and wife, executed a deed of trust on a piece of land lying in St. Charles county to secure the payment of a debt, anils one of the appellants (King) was made the trustee therein. The deed contained the usual and ordinary provisions, and after default was made in the payment of the debt, authorized the “said King as trustee to proceed to sell the property” after having given the requisite notice in some newspaper published in St. Charles county. Payment not being made when the note became due, King advertised the property for sale in the St. Charles Democrat, a German newspaper, but the notice was inserted in the English language. There were two English papers published in St. Charles county, one, the Cosmos, having an equal circulation with the Democrat. At the sale, King, the trustee, was not present, but left the matter in the hands of his .son, a minor. It is alleged that the property sold for greatly below its value, and an injunction was asked to restrain the trustee from making a deed to the purchaser at the sale. After hearing the proof the court below decreed a perpetual injunction.
Judgment affirmed.