Shields v. Ashley's Administrator
Supreme Court of Missouri
Appeal from Benton Circuit -Court. 1. This appeal was taken from the -County Court upon its refusal to set aside the previous order of sale, and though the statute allows an appeal from orders for the sale of real estate, yet it does not allow an appeal in a case like the present. (See R. C. 106,) and on this ground alone the court did right in dismissing the appeal. 2. The County Court did right in refusing the motion of Shields to set aside the order of sale.
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Appeal from Benton Circuit -Court. 1. This appeal was taken from the -County Court upon its refusal to set aside the previous order of sale, and though the statute allows an appeal from orders for the sale of real estate, yet it does not allow an appeal in a case like the present. (See R. C. 106,) and on this ground alone the court did right in dismissing the appeal. 2. The County Court did right in refusing the motion of Shields to set aside the order of sale. He did not make it apparent to the-County Court that he was interested in the estate, and no persons but those interested in the…
1Opinion of the CourtScott, Judge
This was a proceeding begun by Atkinson, administrator of Ashley, in the Benton County Court, for the purpose of obtaining an order for the sale of the real estate belonging to the said Ashley, for the payment of debts due from his estate. Shields, who claimed the lands sought to be sold by virtue of a sale of them, made in a suit in chancery against a former administrator of Ashley, and his heirs and widow, came in and opposed the motion, or rather asked to have the order of sale set aside, after it was made. This was refused by the County Court, and on an appeal to the Circuit Court, by…
2Cited by5 opinions
- Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928
- Lorch v. Aultman & Co.Indiana Supreme Court · 1881
- J. W. Dann Manufacturing Co. v. ParkhurstIndiana Supreme Court · 1890
- Swackhamer v. Kline's AdministratorNew Jersey Superior Court Appellate Division · 1874
- In re Wood EstateMissouri Court of Appeals · 1909