Bray v. Kremp
Supreme Court of Missouri
Appeal- from Bar-ton Circuit Cowrt. — Hon. D. P. Stbatton, Judge. (1) A sale of real estate by the administrator without an order of court to sell is void, and an administrator’s deed will pass no title to land not described in the order of sale.
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Appeal- from Bar-ton Circuit Cowrt. — Hon. D. P. Stbatton, Judge. (1) A sale of real estate by the administrator without an order of court to sell is void, and an administrator’s deed will pass no title to land not described in the order of sale. Greene v. Holt, 76 Mo. 678; Hvans v. Snyder, 64 Mo. 516; Henry v. McKerlie, 78 Mo. 433. (2) Before a sale of real estate belonging to the intestate’s estate, there must be a petition for snch sale presented to the probate court in which the administration of the estate is pending. 1 Revised Statutes, 1889, sec. 145; Teverbaugh v. Hawkins, 82 Mo. 180;…
1Opinion of the CourtBurgess, J.
This is an action of ejectment tried by the court sitting as a jury. The petition is in the usual form of an action of ejectment. The answer tendered the general issue. The court found the issue *554for the defendant and rendered judgment accordingly. From this judgment the plaintiff prosecutes his appeal.
Both parties claim from the same source of title— the county of Barton. On the trial the parties introduced evidence which tended to establish their respective theories of the case. No instructions were asked or exceptions saved. There were a number of conveyances of different kinds read in…
2Cases cited2 opinions
- Harrison v. BartlettSupreme Court of Missouri · 1872
- Miller v. BrenekeSupreme Court of Missouri · 1884
3Cited by13 opinions
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- Bruntmeyer v. Squaw Creek Drainage District No. 1Missouri Court of Appeals · 1917
- Stephan v. MetzgerMissouri Court of Appeals · 1902
- Hayden v. ParsonsMissouri Court of Appeals · 1897
- American Metal Co. v. DaughertySupreme Court of Missouri · 1907
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