Sheehan v. Stackhouse
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Lindley, J. The motion to set aside the sale is, in a restricted sense, addressed' to the discretion of the trial court, but that discretion is reviewable by an appellate court. —Parker v. Railroad Go., 44 Mo. 415 ; The State ex rel. v. Taney, 61 Mo. 397 ; Kelly v. Hunt, 61 Mo. 463. The finding of the trial judge stands as the verdict of a jury, and cannot be reviewed on appeal. — Beck v. Pollard, 55 Mo. 26. The statute providing that…
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Appeal from the St. Louis Circuit Court, Lindley, J. The motion to set aside the sale is, in a restricted sense, addressed' to the discretion of the trial court, but that discretion is reviewable by an appellate court. —Parker v. Railroad Go., 44 Mo. 415 ; The State ex rel. v. Taney, 61 Mo. 397 ; Kelly v. Hunt, 61 Mo. 463. The finding of the trial judge stands as the verdict of a jury, and cannot be reviewed on appeal. — Beck v. Pollard, 55 Mo. 26. The statute providing that the sheriff shall divide the property is merely directory. — Rector v. Hart, 8 Mo. 448.
1Opinion of the CourtBakewell, J.
This was a motion to set aside a sale of real estate made by the sheriff of the county of St. Louis by virtue of an execution issued on a judgment in favor of plaintiff upon a special tax-bill. The land was sold under two executions, one in favor of Sheehan, and the other in favor of Corneli, and against the same defendants. In each case the motion *470to set aside the execution was, on hearing, overruled. They were argued and submitted together in this court.
The land in controversy originally belonged to William Stackhouse, who owned a strip several hundred feet in length from east to west, and…
2Cases cited1 opinion
- Rector v. HarttSupreme Court of Missouri · 1844
3Cited by2 opinions
- State ex rel. Rosenblatt v. SargentMissouri Court of Appeals · 1882
- Hatch v. BaylessMissouri Court of Appeals · 1912