Givens v. McCray
Supreme Court of Missouri
Appeal from Daviess Circuit Court.—How. J. W. Alexander, Judge. It was the duty of the sheriff, as trustee, to act for the interests of all parties. When requested by a party in interest, he should have sold in parcels, and not have sold more than was necessary to pay the debt and expenses. Plaintiff was entitled to have his interest in land and not have it converted into cash, against his protest.
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Appeal from Daviess Circuit Court.—How. J. W. Alexander, Judge. It was the duty of the sheriff, as trustee, to act for the interests of all parties. When requested by a party in interest, he should have sold in parcels, and not have sold more than was necessary to pay the debt and expenses. Plaintiff was entitled to have his interest in land and not have it converted into cash, against his protest. Kelly v. Hunt, 61 Mo. 469; Tatum v. Holliday, 59 Mo. 428; Chesley v. Chesley, 49 Mo. 541; Crosley v. Bank, 107 Mo. 437; Yeaman v. Lepp, 167 Mo. 61; State ex rel. v. Yancy, 61 Mo. 397; Gordon v.…
1Opinion of the CourtFox, J.
This cause is here upon appeal from a judgment of the Daviess Circuit Court upon a demurrer to a petition filed by the plaintiff to set aside a sale. The cause of action stated to which the demurrer was sustained, was as follows:
“Plaintiff, for his amended-petition and cause of action herein, filed by leave of court, says that defendant Robert D. McCray is the duly elected, qualified and acting sheriff of said Daviess county, and has been since the first day of January, 1901; that defendants Lewis Butler and Malinda M. Butler are minors under the ages of twenty-one and eighteen years…
2Cases cited6 opinions
- Kelly v. HurtSupreme Court of Missouri · 1875
- Tatum v. HollidaySupreme Court of Missouri · 1875
- Chase v. WilliamsSupreme Court of Missouri · 1881
- Gordon v. O'NeilSupreme Court of Missouri · 1888
- State ex rel. Beck v. YancySupreme Court of Missouri · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Reisenberg v. HankinsCourt of Appeals of Texas · 1924
- West v. AxtellSupreme Court of Missouri · 1929
- Zeiss v. First State BankCourt of Appeals of Texas · 1916
- Title Guaranty Trust Co. v. SessinghausSupreme Court of Missouri · 1930
- Mitchell v. SherrellCourt of Appeals of Tennessee · 1929
4 more not listed; retrieve them via the Exa API.