79 Mo. 464 | Mo. | 1883
This was a suit commenced in Howard county by the respondent against the appellants, and moved to Monroe county h|r change of venue. The suit was upon the sheriff’s bond, and as breaches alleged that certain parties had sued Ritchie & Co. in Howard county by attach
The deed of trust being offered in evidence, was objected to by the defendants, 1st, Because it was void for uncertainty of description, which was as follows: “ The stock of merchandise and all other personal property, including scales, etc., now contained in the store-room occupied by said firm of Ritchie & Co. in Fayette, Howard county, Missouri, also one sorrel horse and delivery wagon and set of single harness, listed and invoiced and of the value of $3,113.92, as per schedule made.” 2nd, Because the deed was fraudulent on its face. The deed provided “ that with the consent of the grantors and a majority in interest of the beneficiaries, he (the trustee) may make a sale in bulk, if so desired,.upon such terms of credit as may be assented to by the grantors and a majority in interest of said creditors.”