State ex rel. Perry v. Towl
Supreme Court of Missouri
Error to Second District Court. The court erred in allowing the pretended deed from French, as guardian of said minors, to be read in evidence. The report of commissioners, the order of sale by the court, the report of sale, and the sale and conveyance all having been made at the same term of court, the proceedings were void and did not affect the title of the infants to said land. (Sedgw. Stat. and Const.
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Error to Second District Court. The court erred in allowing the pretended deed from French, as guardian of said minors, to be read in evidence. The report of commissioners, the order of sale by the court, the report of sale, and the sale and conveyance all having been made at the same term of court, the proceedings were void and did not affect the title of the infants to said land. (Sedgw. Stat. and Const. Law, 349, 351; 2 How., U. S., 319; 22 Mo. 310; 4 Wheat. 395; Strause v. Drennan, 41 Mo. 289.) I. This case differs from an administrator’s sale very materially, because there the law…
1Opinion of the CourtBliss, Judge
One George R. Richards, deceased, was guardian of the estate of'plaintiff Lucy W. Perry and others, and, as such guardian, presented a petition to the Circuit Court for an order of sale of the real estate of his wards, under sections 34 and 35, chapter 116, Gen. Stat. 1865 (Wagn. Stat. 677), and the defendants became his sureties upon the bond required by section 35. He sold the property for $7,000-, for $1,500 of which he failed to account, and died insolvent. This suit is brought for the use of his wards against his sureties, and they claim exemption from liability upon various grounds, but…
2Cases cited5 opinions
- Smith v. RiceMassachusetts Supreme Judicial Court · 1814
- Caldwell v. LockridgeSupreme Court of Missouri · 1845
- Strouse v. DrennanSupreme Court of Missouri · 1867
- Speck v. WohlienSupreme Court of Missouri · 1855
- Robert v. CaseySupreme Court of Missouri · 1857
3Cited by8 opinions
- Henry v. McKerlieSupreme Court of Missouri · 1883
- Long v. Joplin Mining & Smelting Co.Supreme Court of Missouri · 1878
- Noland v. BarrettSupreme Court of Missouri · 1894
- Castleman v. RelfeSupreme Court of Missouri · 1872
- Holloway v. Dwelling-House InsuranceMissouri Court of Appeals · 1892
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