Smith v. Black
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. J. C. Sheppard, Judge. (1)- The petition for the sale of. the property of the estate of the plaintiff’s, father did not conform to the requirements of See. 147, R. S. 1879. (2) The sale made pursuant to the petition conveyed no title to the purchaser at all, for the reason that the said land was sold for less than three-fourths, of its appraised value.
Read the full summary
Appeal from Butler Circuit Court. — Hon. J. C. Sheppard, Judge. (1)- The petition for the sale of. the property of the estate of the plaintiff’s, father did not conform to the requirements of See. 147, R. S. 1879. (2) The sale made pursuant to the petition conveyed no title to the purchaser at all, for the reason that the said land was sold for less than three-fourths, of its appraised value. R. S. 1879, sec. 166. (1) The description of the land in the petition for the sale thereof being otherwise specificanddefinite, and showing that it could be located nowhere except in Butler county, it…
1Opinion of the CourtWoodson, J.
This is a suit in ejectment for the recovery of the possession of a certain forty acres of land, situate in Butler county, State of Missouri. The judgment was for the defendants, and the plaintiff appealed.
The petition was in the usual form. The answer consisted of a general denial and a plea that defendant Black purchased the land in good faith for a valuable consideration, and prayed that the title to the same be quieted in him. The reply was a general denial.
The facts of the' ease are undisputed, and are as follows:
William Henley was the common source of title, who died seized of the land…
2Cases cited15 opinions
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- Adams v. CowlesSupreme Court of Missouri · 1888
- State ex rel. Missouri Pacific Railway Co. v. WilliamsSupreme Court of Missouri · 1909
- Union National Bank v. LyonsSupreme Court of Missouri · 1909
- Simpson v. Stoddard CountySupreme Court of Missouri · 1903
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. District Court of Eighth Jud. Dist.Wyoming Supreme Court · 1925
- Gray Ex Rel. Brokel v. ClementSupreme Court of Missouri · 1920
- State Ex Rel. McGrew Coal Co. v. RaglandSupreme Court of Missouri · 1936
- Healy v. Atchison, Topeka & Santa Fe Railroad Co.Supreme Court of Missouri · 1956
- Morris v. KarrSupreme Court of Missouri · 1938
7 more not listed; retrieve them via the Exa API.