Legal Opinion

Van Graafieland v. Wright

Supreme Court of Missouri

Decided March 5, 1921PublishedCited by 11 opinions

Appeal from St. Louis City Circuit Court. — Eon. Vital W.' Garesche, Judge. (1) The petition in this case does not state a canse of action; that plaintiffs failed to plead inadequacy of price and the court erred in giving them relief on that ground. Brown v. Chaney, 256 Mo. 219; Mangold v. Bacon, 229 Mo. 459. (2) The court erred in finding that the inadequacy of price was so ’ great as to shock the conscience of the chancellor.

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Appeal from St. Louis City Circuit Court. — Eon. Vital W.' Garesche, Judge. (1) The petition in this case does not state a canse of action; that plaintiffs failed to plead inadequacy of price and the court erred in giving them relief on that ground. Brown v. Chaney, 256 Mo. 219; Mangold v. Bacon, 229 Mo. 459. (2) The court erred in finding that the inadequacy of price was so ’ great as to shock the conscience of the chancellor. No such inadequacy existed in view of the fact that at the time of the sale and at the time of the trial there were deeds of trust amounting to nine thousand dollars…

1Opinion of the Court

Suit in equity to set aside sheriff's sale and deed thereunder conveying the following land in St. Louis County:

"Lot 9 of Southmoor Subdivision of St. Louis County fronting 87 feet on a private street, running thence back in a northerly direction 211.88 feet, more or less, on the east line, and 226.75 feet more or less on the west line, by 143 feet on the north line, in said Southmoor Subdivision, together with buildings and improvements located thereon."

The petition states, in substance, that the plaintiffs, husband and wife, were at all the dates mentioned, the owners of said land, which…

2Cases cited6 opinions

  1. Mangold v. BaconSupreme Court of Missouri · 1911
  2. Davis v. McCannSupreme Court of Missouri · 1898
  3. Guinan v. DonnellSupreme Court of Missouri · 1907
  4. Mangold v. BaconSupreme Court of Missouri · 1910
  5. Brown v. ChaneySupreme Court of Missouri · 1914

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Bussen Realty Co. v. BensonSupreme Court of Missouri · 1942
  2. Peoples-Pittsburgh Trust Co. v. BlickleSupreme Court of Pennsylvania · 1938
  3. Ragan v. LooneySupreme Court of Missouri · 1964
  4. Carter v. Boone County Trust Co.Supreme Court of Missouri · 1936
  5. Elliott v. McCormick.Supreme Court of Missouri · 1929

6 more not listed; retrieve them via the Exa API.

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