Cole County v. Madden
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. E. L. Edwards, Judge. (1) The testimony of the witnesses shows that the lot in question was worth a thousand dollars, but it fails' to show any fraudulent act or purpose, or any collusion or irregularity of any kind whatever, nor is any charged in the bill. The case is entirely free from any such infirmity. . Hence the court erred in setting aside the sale.
Read the full summary
Appeal from Cole Circuit Court. — Hon. E. L. Edwards, Judge. (1) The testimony of the witnesses shows that the lot in question was worth a thousand dollars, but it fails' to show any fraudulent act or purpose, or any collusion or irregularity of any kind whatever, nor is any charged in the bill. The case is entirely free from any such infirmity. . Hence the court erred in setting aside the sale. The sale was open and fair, and nothing done by the sheriff or purchaser to prevent the property from selling for a higher price. Public policy would indicate that such sales, although attended with…
1Opinion of the CourtRay, J.
This was a proceeding in the Cole circuit *593court, to set aside a sheriff's sale of certain real estate, therein mentioned. In November, 1882, as shown by the record, there was due Cole county, for the use of its general school fund, and of the several school townships, mentioned in the petition, the principal sum of eight hundred and twenty-four and one hundred and' sixty-two dollars as interest thereon. This indebtedness accrued on certain school bonds, executed by Gfreen C. Berry, as principal, and A. C. Scruggs and H. W. Long, as sureties, and was further secured by a school mortgage, in…
2Cases cited8 opinions
- Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- Nelson v. BrownSupreme Court of Missouri · 1856
- American Wine Co. v. ScholerSupreme Court of Missouri · 1885
- Beckwith v. . Mining Co.Supreme Court of North Carolina · 1882
- Strong v. CattonWisconsin Supreme Court · 1853
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Davis v. McCannSupreme Court of Missouri · 1898
- Benton County v. MorganSupreme Court of Missouri · 1901
- Rogers & Baldwin Hardware Co. v. Cleveland Building Co.Supreme Court of Missouri · 1896
- State Ex Rel. McKinney v. DavidsonSupreme Court of Missouri · 1926
- Cousins v. BowlingMissouri Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.