Cargile v. Fernald
Supreme Court of Missouri
Error to Jackson County Circuit Court. I. The act of the legislature was unconstitutional and void. At its date plaintiffs were owners of the property in controversy, subject to existing liens and the claims of creditors, to be enforced according to law.
Read the full summary
Error to Jackson County Circuit Court. I. The act of the legislature was unconstitutional and void. At its date plaintiffs were owners of the property in controversy, subject to existing liens and the claims of creditors, to be enforced according to law. It purports, to authorize a sale, not in execution of any trust or power created by Augustus Cargile— for he created none — not with the consent of plaintiffs, and not by the process of law, for it, in direct terms, supplants the legal process. It both creates the power to sell, and appoints the agent. Hence, the case of Piper vs. Hindman (50…
1Opinion of the CourtWagner, Judge
This was an action of ejectment instituted by plaintiffs, who are heirs at law of Augustus Oargile, deceased, to recover of the defendant certain real estate which belonged to said decedent in his life time.
The trial was had upon an agreed statement of facts, signed by both parties and filed in the cause, which is as follows : “ It is agreed by the parties in said suit that Augustus Oargile in his life time, who is now deceased, was the owner of the real estate in controversy ; that he died intestate, and that plaintiffs are his heirs at law; that said Augustus Oargile in his life time…
2Cases cited6 opinions
- State ex rel. Watts v. BoonSupreme Court of Missouri · 1869
- Stewart v. GriffithSupreme Court of Missouri · 1862
- Thomas v. PullisSupreme Court of Missouri · 1874
- Gannett v. LeonardSupreme Court of Missouri · 1871
- Hindman v. PiperSupreme Court of Missouri · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Young v. BoardmanSupreme Court of Missouri · 1888
- Clusky v. BurnsSupreme Court of Missouri · 1894
- Whittelsey v. ConniffSupreme Court of Missouri · 1916
- Garth v. ArnoldCourt of Appeals for the Eighth Circuit · 1902