Gaston v. White
Supreme Court of Missouri
Error to Sixth District Court. I. The court erred in bolding that tbe judgment and decree of sale to enforce tbe vendor’s lien, and tbe execution sale and sheriff’s deed, were void and did not divest plaintiff of bis* equitable interest in tbe land. II.
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Error to Sixth District Court. I. The court erred in bolding that tbe judgment and decree of sale to enforce tbe vendor’s lien, and tbe execution sale and sheriff’s deed, were void and did not divest plaintiff of bis* equitable interest in tbe land. II. Tbe suing out of an execution by tbe administrators of tbe deceased plaintiff, without a revivor of tbe judgment, is authorized by section 17, p. 904, R. 0. 1855. I. Tbe sale by tbe sheriff under execution was no bar to Gas-ton’s equity to have specific execution of tbe contract of sale. II., After tbe death of tbe judgment creditor no…
1Opinion of the Court
Bliss, Judge,
delivered tbe opinion of tbe court.
In 1858 Clement White, deceased, gave to tbe plaintiff a bond for a deed of the land in controversy. Soon afterward the plaintiff left the State, leaving the land in charge of said White, who. rented tbe same and collected tbe rents. Gaston bad executed to White bis note at twelve months for tbe purchase money, and left with him some small claims to collect and apply upon it. In 1860 said White instituted proceedings in tbe Marion Circuit Court to collect tbe note and enforce bis lien upon tbe property,* made Gaston a party by publication, and,…
2Cases cited2 opinions
- Landes v. PerkinsSupreme Court of Missouri · 1848
- Carson v. WalkerSupreme Court of Missouri · 1852
3Cited by7 opinions
- Daisy Roller Mills v. WardNorth Dakota Supreme Court · 1897
- Hendrix v. BarkerNebraska Supreme Court · 1896
- Lewis v. ChapmanSupreme Court of Missouri · 1875
- Sims' Administrator v. KelsaySupreme Court of Missouri · 1881
- MacDonald v. LeffingwellMissouri Court of Appeals · 1880
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