Metz v. Wright
Missouri Court of Appeals
Appeal from Audrain Circuit Court.— Eon. Jamies D. Barnett, Judge. (1) The court may at any time correct a clerical error. Ross v. Ross, 83 Mo. 102; Coop v. Northcutt, 54 Mo. 129; Laxton v. Smith, 50 Mo. 490; Priest v. Masters, 52 Mo. 61; Turner v. Christie, 50 Mo. 147; Allen v. Sales, 56 Mo. 28. (2) It is the policy of the law to uphold judicial sales and look with leniency in minor irregularities. Jones y.
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Appeal from Audrain Circuit Court.— Eon. Jamies D. Barnett, Judge. (1) The court may at any time correct a clerical error. Ross v. Ross, 83 Mo. 102; Coop v. Northcutt, 54 Mo. 129; Laxton v. Smith, 50 Mo. 490; Priest v. Masters, 52 Mo. 61; Turner v. Christie, 50 Mo. 147; Allen v. Sales, 56 Mo. 28. (2) It is the policy of the law to uphold judicial sales and look with leniency in minor irregularities. Jones y. Manly, 58 Mo. 559. (3) When the description in an administrator’s report of sale differs from the description in the order of sale it will be presumed to be a clerical error. Agan v.…
1Opinion of the CourtBland, P. J.
Plaintiff Metz and defendant Wright entered into the following articles of agreement:
“Articles of agreement made this seventeenth day of October, 1903, by and between W. L. Wright, agent, of Vandalia, Audrain county, State of Missouri, party of the first part and A. H. Metz, of Forrest, Livingston county, State of Illinois, party of the second part.
“Witnesseth that the said party of the first part, in consideration of the promises and agreements of the said party of the second part hereinafter contained hereby agrees to convey to said party of second part by general warranty deed with dower…
2Cases cited10 opinions
- Small v. FieldSupreme Court of Missouri · 1890
- Agan v. ShannonSupreme Court of Missouri · 1890
- Allen v. SalesSupreme Court of Missouri · 1874
- Zimmerman v. HaferCourt of Appeals of Maryland · 1895
- Mitchner v. HolmesSupreme Court of Missouri · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Roth v. Union Nat. Bank of BartlesvilleSupreme Court of Oklahoma · 1916
- Bingaman v. HannahMissouri Court of Appeals · 1913
- Freeman v. DuncanCourt of Appeals of Texas · 1911