Garner v. Tucker
Supreme Court of Missouri
Appeal from McDonald County Circuit Court. I. The refusal of the court, at the return of the order of publication, to make the order of sale, left the notice thereby given functus officio, and the order at the November term following, to sell at private sale of any kind, and the sale thereunder at the same term, were absolutely void.
Read the full summary
Appeal from McDonald County Circuit Court. I. The refusal of the court, at the return of the order of publication, to make the order of sale, left the notice thereby given functus officio, and the order at the November term following, to sell at private sale of any kind, and the sale thereunder at the same term, were absolutely void. (Caldwell vs. Loekridge, 9 Mo., 362; Speck vs. Wohlien, 22 Mo., 317 ; Valle v, Fleming, 19 Mo., 454; Strouse vs. Drenuan, 41 Mo., 289.) A sale can only be directed at a term subsequent to the application. (Valle v. Fleming, supra; Wagn. Stat., 96, 97, §§ 25, 26 ;…
1Opinion of the CourtHough, Judge
This was an action of ejectment brought by the plaintiffs, as heirs at law of John W. Cole, deceased, to recover the possession of certain lands in McDonald county. The defendant claimed title as purchaser at a sale of said lands, made in pursuance of certain orders of the probate court of McDonald county, by Daniel Harmon, the public administrator, of said county, having in charge, as such administrator, the estate of the said Cole, and by virtue of a certain deed purporting to have been made in pursuance of said sale.
The case was tried by the court without the aid of a jnry, and there was a…
2Cases cited5 opinions
- Moore v. WingateSupreme Court of Missouri · 1873
- McVey v. McVeySupreme Court of Missouri · 1873
- Valle v. FlemingSupreme Court of Missouri · 1854
- Overton v. JohnsonSupreme Court of Missouri · 1853
- Rugle v. WebsterSupreme Court of Missouri · 1874
3Cited by7 opinions
- Wilcoxon v. OsbornSupreme Court of Missouri · 1883
- Howell v. JumpSupreme Court of Missouri · 1897
- Melton v. FitchSupreme Court of Missouri · 1894
- Ewing v. ParrishMissouri Court of Appeals · 1910
- State ex rel. Gray v. CarrollMissouri Court of Appeals · 1903
2 more not listed; retrieve them via the Exa API.