Linville v. Bohanan
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. At the time the county bought in the lands, there was no law authorizing it to do so. and it possessed no powers not conferred by statute.
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Appeal from Nodaway Circuit Court. At the time the county bought in the lands, there was no law authorizing it to do so. and it possessed no powers not conferred by statute. (Reardon vs. St. Louis Co., 36 Mo., 555 ; State in re, etc., vs. St. Louis, 34 Mo., 546 ; Ray Co. vs. Bently — expressly affirmed in Holt Co. vs. Harmon, 59 Mo., 165.) And the sale by the County Court, July 12, 1864, and the transfer of Ellis, amount to nothing more than an equitable assignment of the mortgage. (Jackson vs. McGruder, 51 Mo., 55; Johnston vs. Houston, 47 Mo., 227; Robinson vs. Evan, cited in 3rd. Am. Law…
1Opinion of the CourtWagner, Judge
This was a proceeding in the nature of a bill in eqnity brought by the plaintiffs as heirs of Aaron Linville, deceased, asking permission to redeem certain land upon the payment of the purchase money and interest thereon.
' The record discloses the following facts: In 1856, Aaron Linville purchased of the sheriff of Nodaway County, certain swamp land belonging to that county. None of the purchase money was paid. In 1859, the commissioner appointed by the County Court to convey swamp lands, made him a deed, and at the same time, Linville executed to the county a mortgage in the form and with…
2Cases cited1 opinion
- Ray County ex rel. Common School Fund v. BentleySupreme Court of Missouri · 1872
3Cited by8 opinions
- Simpson v. Stoddard CountySupreme Court of Missouri · 1903
- Pool v. BrownSupreme Court of Missouri · 1889
- General American Life Insurance v. Dunklin CountySupreme Court of Missouri · 1936
- Mitchell v. Nodaway CountySupreme Court of Missouri · 1883
- Stoddard County v. MaloneSupreme Court of Missouri · 1893
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