Mitchell v. Nodaway County
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Hon. H. S. Kelley, Judge. Nodaway county had not the right to sell the lands of appellants and make title thereto during the progress of the civil war, when appellants were residents within the confederate lines before and all the time during the war.
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Appeal from Nodaway Circuit Court. — Hon. H. S. Kelley, Judge. Nodaway county had not the right to sell the lands of appellants and make title thereto during the progress of the civil war, when appellants were residents within the confederate lines before and all the time during the war. JDe Jarnette v. De Giverville, 56 Mo. 451, dissenting opinion of Judge Napton; McMerty v. Morrison, 62 Mo. 140; Douth-itt v. Stinson, 68 Mo. 268; Martin v. Paxson, 66 Mo. 260. The sale was without notice and was void. Herman on Ex., p. 345 ; Olcott v. Robinson, 21 N. T. 150; 20 Barb. 148. lie who buys under a…
1Opinion of the CourtRay, J.
This is a proceeding in the nature of a bill in equity, to set aside a sale of certain “ swamp and overflowed lands” in Nodaway county, Missouri, made by the sheriff' of that county under a common statutory school mortgage with power of sale on default, and the order of the county court thereon, as provided by sections 22 and 30 of article 2, chapter 143, Revision of 1855, pages 1424, 1425 ; and also to cancel the sheriff’s deed for said lands made to said county at said sale; and also to cancel certain other deeds for said lands thereafter made by said county to various other parties, and…
2Cases cited16 opinions
- Stewart v. SeveranceSupreme Court of Missouri · 1869
- Draper v. BrysonSupreme Court of Missouri · 1852
- Harper v. ElyIllinois Supreme Court · 1870
- Mixer v. SibleyIllinois Supreme Court · 1869
- Dorsey v. DorseyCourt of Appeals of Maryland · 1869
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3Cited by3 opinions
- Holladay-Klotz Land & Lumber Co v. T. J. Moss Tie Co.Missouri Court of Appeals · 1901
- Stoddard County v. MaloneSupreme Court of Missouri · 1893
- Carrington v. LentzU.S. Circuit Court for the District of Eastern Missouri · 1889