Thomas v. Elliott
Supreme Court of Missouri
Appeal from. Pike Circuit Court. — Hon. D. II. Eby, Judge. The first question presented is: Did Simeon Sky acquire suck interest wken tke property was sold under partition proceeding as entitled kim' to ke keard ky tke trial court on a motion to set aside tke skerifFs report of sale? We insist tkat ke did.
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Appeal from. Pike Circuit Court. — Hon. D. II. Eby, Judge. The first question presented is: Did Simeon Sky acquire suck interest wken tke property was sold under partition proceeding as entitled kim' to ke keard ky tke trial court on a motion to set aside tke skerifFs report of sale? We insist tkat ke did. Wauckope v. McCormick, 158 Mo. 6601; Good v. Crow, 51 Mo. 212. Second: Tke Supreme Court of tkis State kas decided time and again tkat it will nót interfere witk tke findings of tke circuit court in setting aside a sale wkere tkere is any evidence to sustain it, but in tkis case tke only…
1Opinion of the CourtYalliant, P. J.
This is an appeal from an order setting aside a sheriff’s sale in a partition proceeding. The appellant was the purchaser at the sale, but not otherwise a party to the suit.
There is no question as to the regularity of the proceedings in the main case; the decree of sale for partition was made, the sale was regularly advertised and at the appointed time and place the land was put up to the highest bidder and struck off to Simeon Shy, the appellant. All the parties to the partition proceeding, plaintiffs and defendants (except one of the defendants who though duly served did not appear but made…
2Cases cited2 opinions
- Burden v. TaylorSupreme Court of Missouri · 1894
- Wauchope v. McCormickSupreme Court of Missouri · 1900
3Cited by16 opinions
- Hector v. MannSupreme Court of Missouri · 1910
- Burmister v. City of PrescottArizona Supreme Court · 1931
- Koester v. KoesterMissouri Court of Appeals · 1976
- State Ex Rel. Fischer v. VoriesSupreme Court of Missouri · 1933
- Freeman v. McCriteMissouri Court of Appeals · 1912
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