Bone v. Tyrrell
Supreme Court of Missouri
Appeal from Knox Circmt Court. — Hon. Ben E. Turner, Judge. (1) The law of this state upon the question of judicial sales made by the county and probate courts may be summarized as follows: First. Where the sale of' real estate can be shown to have been made in compliance with the statute, a good legal title passes to the purchaser. Second.
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Appeal from Knox Circmt Court. — Hon. Ben E. Turner, Judge. (1) The law of this state upon the question of judicial sales made by the county and probate courts may be summarized as follows: First. Where the sale of' real estate can be shown to have been made in compliance with the statute, a good legal title passes to the purchaser. Second. Where the sale is irregular and not in compliance with the statute, so much so that it could not be upheld in a direct proceeding on appeal or otherwise, if the purchaser has in good faith fully complied with the terms of sale on his part, and paid the…
1Opinion of the CourtBkaoe, J.
This is an action in ejectment for a tract of land in Knox county, in which the plaintiffs obtained judgment in the court below for five eighths of the premises, and the defendants appeal.
The facts are, that in 1849, John Bone, Sr., being seized in fee simple of the land in dispute, died, having first made a will by which he devised the same in •manner following, to-wit:
“I also give and bequeath to my granddaughter the following real estate, to-wit: The east half of the northeast quarter of section 33; also the southwest *179quarter of the northeast quarter of section 33, all in township 63 of…
2Cases cited1 opinion
- Sherwood v. BakerSupreme Court of Missouri · 1891
3Cited by27 opinions
- Eaves v. MullenSupreme Court of Oklahoma · 1910
- Elsea v. SmithSupreme Court of Missouri · 1918
- Utter v. SidmanSupreme Court of Missouri · 1902
- McCune v. GoodwillieSupreme Court of Missouri · 1907
- Mathews v. O'DonnellSupreme Court of Missouri · 1921
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