Wilkerson v. Allen
Supreme Court of Missouri
Appeal from Callaway Circuit Court. — Hon. G-. II. Burckhártt, Judge. 1. Nesbit could sell upon the individual note of the purchaser; if so, he might sell upon his oral promise to pay, as well. Jarvis v. Russick, 12 Mo. 63; Foster v. Thomast 1 Am. Law Reg., (O. S.) 565. 2. The report of sale should have been made at the next term of court after such sale.
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Appeal from Callaway Circuit Court. — Hon. G-. II. Burckhártt, Judge. 1. Nesbit could sell upon the individual note of the purchaser; if so, he might sell upon his oral promise to pay, as well. Jarvis v. Russick, 12 Mo. 63; Foster v. Thomast 1 Am. Law Reg., (O. S.) 565. 2. The report of sale should have been made at the next term of court after such sale. State to use of Perry v. Total, 48 Mo. 148 ; Speck v. Wohlien, 22 Mo. 310 ; Strouse v. Brennan, 41 Mo. 289; Mitchell v. Bliss, 47 Mo. 353 ; Castleman v. Relfe, 50 Mo. 583 ; Bulle v. Beimler, 28 Mo. 584. 3. He had no power to make the deed to…
1Opinion of the CourtHenry, J.
— At the November term, 1874, plaintiff instituted his suit against James G. Allen to recover possession of sixty acres of land, the north part of the west half of the southwest quarter of section No. 20, township 47, range 9, lying in Callaway county. Pending said suit, said Allen died, and his widow and heirs were substituted as defendants. They answered, admitting that they were in possession, but denying plaintiff’s title. A trial was had, resulting in a verdict and judgment for plaintiff', from which defendants have duly prosecuted their appeal-The evidence adduced by plaintiff to prove…
2Cases cited6 opinions
- McVey v. McVeySupreme Court of Missouri · 1873
- Castleman v. RelfeSupreme Court of Missouri · 1872
- Sims v. GraySupreme Court of Missouri · 1877
- Rugle v. WebsterSupreme Court of Missouri · 1874
- Fulweiler v. City of St. LouisSupreme Court of Missouri · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Henry v. McKerlieSupreme Court of Missouri · 1883
- Price v. Springfield Real-Estate Ass'nSupreme Court of Missouri · 1890
- Robbins v. BoulwareSupreme Court of Missouri · 1905
- Sumner v. RogersSupreme Court of Missouri · 1886
- Jenkins v. MorrowMissouri Court of Appeals · 1908
4 more not listed; retrieve them via the Exa API.