Carter v. Carter
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Henry L. Bright, Judge. (1) The deed from the cnratrix of the plaintiff to his interest in the real estate described in the petition, dated February 12, 1906, offered in evidence by the defendant was and is void for the reason that the order of sale was made by the probate court in vacation.
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Appeal from Jasper Circuit Court. — Hon. Henry L. Bright, Judge. (1) The deed from the cnratrix of the plaintiff to his interest in the real estate described in the petition, dated February 12, 1906, offered in evidence by the defendant was and is void for the reason that the order of sale was made by the probate court in vacation. Probate courts in this State are courts of record.' R. S. 1909, sec. 4055; R. S. 1909, sec. 3870. The court could adjourn to a date certain only by order made pursuant to the statute. Stovall v. Emerson, 20 Mo. App. 322; Holman v. Hogg, 83 Mo. App. 370. And…
1Opinion of the Court
BLAIR, C.
George G. Carter, a minor, by Ms curatrix, brought this suit in ejectment for an undivided one-fifth interest in five hundred and thirty-eight acres of land in Jasper county. The petition is in the usual form. The plaintiff is the sole heir at law of A. G. Carter, deceased, who at his death owned a one-fifth interest in the lands in suit: Harriet E. Carter is the mother and curatrix of plaintiff and widow of A. G. Carter.
In 1890, A. G. Carter and the defendant S. E. Carter, each owning a one-fifth interest in the lands in suit, obtained a lease on the remaining three-fifths for a…
2Cases cited9 opinions
- State ex rel. Ozark County v. TateSupreme Court of Missouri · 1891
- Cox v. BoyceSupreme Court of Missouri · 1899
- Sutton v. CasseleggiSupreme Court of Missouri · 1883
- Brooks v. GaffinSupreme Court of Missouri · 1905
- Hicks v. EllisSupreme Court of Missouri · 1877
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3Cited by4 opinions
- Shane v. PeoplesNorth Dakota Supreme Court · 1913
- Purdy v. ChambersSupreme Court of Oklahoma · 1927
- State Ex Rel. Robbins v. GideonMissouri Court of Appeals · 1934
- Carter v. CarterSupreme Court of Missouri · 1914