Robbins v. Boulware
Supreme Court of Missouri
Appeal from Clark Circuit Court. — No». E. B. McKee, Judge. (1) The administrator’s sale was void. No petition for the order of sale was ever presented to the probate court. The pretended petition presented was the same as no petition and was not legal and was null and void as the same was not sworn and subscribed to, and no jurat affixed, and no seal affixed.
Read the full summary
Appeal from Clark Circuit Court. — No». E. B. McKee, Judge. (1) The administrator’s sale was void. No petition for the order of sale was ever presented to the probate court. The pretended petition presented was the same as no petition and was not legal and was null and void as the same was not sworn and subscribed to, and no jurat affixed, and no seal affixed. Sec. 147, R. S. 1899 ; Jarvis v. Russick, 12 Mo. 63; Bompart v. Lucas, 21 Mo. 598; Pryor v. Downey, 50’ Cal. 388. (2) The statute is mandatory, in that it provides that such notice shall be published for four weeks in some newspaper in…
1Opinion of the Court
FOX J.
Appellant has filed an abstract of the entire record in this cause. In the brief, however, there is no detailed statement as to the contents of the abstract, but we find, after a careful consideration of the record and a verification of it, that the respondent has made a fair statement of the general outlines of this cause, and with some modifications we have adopted it.
This is an action in ejectment brought by plaintiff, now appellant, against the defendant, now respondent, to recover a five:eighths interest in and to 49.5 acres in the northwest quarter of section fifteen, township…
2Cases cited23 opinions
- Evans v. SnyderSupreme Court of Missouri · 1877
- Harness v. CravensSupreme Court of Missouri · 1894
- Keene v. WyattSupreme Court of Missouri · 1901
- Kleinecke v. WoodwardTexas Supreme Court · 1874
- Russell v. CroySupreme Court of Missouri · 1901
18 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Welch v. FochtSupreme Court of Oklahoma · 1918
- White v. HuttonMissouri Court of Appeals · 1951
- State ex rel. Coleman v. BlairSupreme Court of Missouri · 1912
- Armor v. LewisSupreme Court of Missouri · 1913
- Jones v. PetersonSupreme Court of Missouri · 1934
14 more not listed; retrieve them via the Exa API.