Sims v. Gray
Supreme Court of Missouri
Error to Butler Circuit Court. — Hon. R. P. Owen, Judge. The answer was framed on the theory that the administrator’s deed was void, because the sale was reported and approved by the probate court at the same term at which it was made, according to the former rulings of this court. urged that there was no prayer for auy relief whatever, while a prayer for some relief, general or special, must be stated, and is an essential part of the answer, citing Rutherford v. Williams,…
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Error to Butler Circuit Court. — Hon. R. P. Owen, Judge. The answer was framed on the theory that the administrator’s deed was void, because the sale was reported and approved by the probate court at the same term at which it was made, according to the former rulings of this court. urged that there was no prayer for auy relief whatever, while a prayer for some relief, general or special, must be stated, and is an essential part of the answer, citing Rutherford v. Williams, 42 Mo. 23 ; Peyton v. Rose, 41 Mo. 262 : Miltenbergerv. Morrison, 39 Mo. 78. insisted that the court had power under Sec.…
1Opinion of the CourtHough, J.
— This was an action of ejectment brought by the plaintiffs as heirs at law of William Sims, for the recovery of certain lands of which he died seized. The defendants in their answer admitted the plaintiffs’ legal title, but averred that said lands were, in October, 1867, sold at administrator’s sale, for the payment of the debts of said *615"William Sims ; that the defendant, Gray, became the purchaser at said sale, paid the purchase money, which was used to pay the debts of the estate, received a deed from the administrator, went into possession thereundei', and has since occupied and…
2Cases cited10 opinions
- Johnson v. BeazleySupreme Court of Missouri · 1877
- Evans v. SnyderSupreme Court of Missouri · 1877
- Jones v. ManlySupreme Court of Missouri · 1875
- Branstetter v. RivesSupreme Court of Missouri · 1864
- Strouse v. DrennanSupreme Court of Missouri · 1867
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. WearSupreme Court of Missouri · 1898
- Rains v. MoulderSupreme Court of Missouri · 1936
- Leonard v. SparksSupreme Court of Missouri · 1893
- McKenzie v. DonnellSupreme Court of Missouri · 1899
- Reed Bros. v. NicholsonSupreme Court of Missouri · 1900
10 more not listed; retrieve them via the Exa API.