Legal Opinion

Warder-Bushnell-Glesser Co. v. Allen

Missouri Court of Appeals

Decided November 18, 1895PublishedCited by 1 opinion

Appeal from the Nodaway Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) The circuit court was not justified in setting aside the sale of the land on the ground of inadequacy of the price paid by appellant Robert Shelton. Knoop 'v. Kelsey, 121 Mo. 642; Briant v. JacJcson, 99 Mo. 585. (2) Was there any good cause for setting the sale aside on the ground that Allen was not properly notified of his exemption rights? The evidence on this point is brief and clear.

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Appeal from the Nodaway Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) The circuit court was not justified in setting aside the sale of the land on the ground of inadequacy of the price paid by appellant Robert Shelton. Knoop 'v. Kelsey, 121 Mo. 642; Briant v. JacJcson, 99 Mo. 585. (2) Was there any good cause for setting the sale aside on the ground that Allen was not properly notified of his exemption rights? The evidence on this point is brief and clear. Unless the officer is required to memorize and repeat the words of the statute, or to take a copy along and read it to the execution…

1Opinion of the CourtSmith, P. J.

This is a motion to set aside a sale of real estate under execution, on the ground that the sheriff failed to notify the defendant of his homestead rights under the statute, gross inadequacy of price, etc.

The evidence was conflicting, and no instructions were asked or given. It has been established by long and unbroken line of adjudications in this state, that, in actions at law, where the evidence is conflicting and there are no instructions, it will be assumed by the appellate court that the judgment of the trial court was the result of a finding adverse to the appellant, or plaintiff in…

2Cases cited19 opinions

  1. Downing v. StillSupreme Court of Missouri · 1869
  2. Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
  3. Weilandy v. LemuelSupreme Court of Missouri · 1871
  4. Miller v. BrenekeSupreme Court of Missouri · 1884
  5. Ray v. StobbsSupreme Court of Missouri · 1859

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3Cited by1 opinion

  1. Brooks v. HoltMissouri Court of Appeals · 1896

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