Bailey v. Buchanan
Missouri Court of Appeals
Appeal from St. Francois Circuit Court. — Hon. Chas. A. Killian, Judge. (1) Counsel for appellant recognizes that the doctrine of caveat emptor has always applied to judicial sales in this,State, and in the very nature of things there could be no warranty of title in such sales; but appellant insists that under a long line of decisions the doctrine does not inure to the benefit of the defendant in the execution, and consequently does not apply in this case. Maguire y.
Read the full summary
Appeal from St. Francois Circuit Court. — Hon. Chas. A. Killian, Judge. (1) Counsel for appellant recognizes that the doctrine of caveat emptor has always applied to judicial sales in this,State, and in the very nature of things there could be no warranty of title in such sales; but appellant insists that under a long line of decisions the doctrine does not inure to the benefit of the defendant in the execution, and consequently does not apply in this case. Maguire y. Marks, 28 Mo. 193; Valle’s Heirs v. Fleming Heirs, 29 Mo. 163; McLean y. Martin, 45 Mo. 393. (2) The levy of an execution on…
1Opinion of the CourtBland, P. J.
(after stating the facts). — The learned counsel for plaintiff recognizes that the doctrine of caveat emptor has always applied to judicial sales in this State, hut insists that the doctrine does not inure to the benefit of defendant in an execution, and contends that as defendant lost nothing by the sheriff’s sale of the lands described in the petition to the plaintiff, and as the plaintiff gained nothing by such sales, equity will decree a cancelation of the |1501 credit on the judgment, and thus put the parties back in the same position they were before the sales were made.
In Magwire v.…
2Cases cited8 opinions
- Vallé's Heirs v. Fleming's HeirsSupreme Court of Missouri · 1859
- City of St. Louis v. DavidsonSupreme Court of Missouri · 1890
- McLean v. MartinSupreme Court of Missouri · 1870
- Fehlig v. BuschSupreme Court of Missouri · 1901
- Hannon v. HilliardIndiana Supreme Court · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Seagraves v. ScarboroughCourt of Appeals of Texas · 1917
- Chilton v. HarrisMissouri Court of Appeals · 1914
- Brandt v. MeadeArizona Supreme Court · 1915