Legal Opinion

Walker v. Mills

Supreme Court of Missouri

Decided April 1, 1908PublishedCited by 8 opinions

Appeal from Greene Circuit Court. — Now. Jas. T. Ne-ville, Judge. (1) No person can become a purchaser at a judicial sale who has a duty to perform in reference thereto which is inconsistent with the character of purchaser or who is so connected with the sale that his individual interest as a purchaser might be inconsistent with his duty. 24 Cyclopedia Law and Evidence,' p. 29; Grumley v. Webb, 44 Mo. 451; McCelvey v. Thompson, 7 S. C. 185; Manning v. Hayden, Fed. Cas.

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Appeal from Greene Circuit Court. — Now. Jas. T. Ne-ville, Judge. (1) No person can become a purchaser at a judicial sale who has a duty to perform in reference thereto which is inconsistent with the character of purchaser or who is so connected with the sale that his individual interest as a purchaser might be inconsistent with his duty. 24 Cyclopedia Law and Evidence,' p. 29; Grumley v. Webb, 44 Mo. 451; McCelvey v. Thompson, 7 S. C. 185; Manning v. Hayden, Fed. Cas. No. 9043. (2) The purchase at a sale for delinquent taxes, directly or indirectly, by officer conducting, directing or…

1Opinion of the Court

GRAVES, J. —

Action under section 650, Revised Statutes 1899, to declare title to two lots in the city of Springfield. Petition in the usual form. Separate answer by defendant Mills is, first, a general denial. Secondly, it is claimed that the appealing defendant, Mills, is the holder of, or beneficiary in, a deed of trust *688on said property which was given by one Don Reaves in 189-9 and which has not been satisfied and that the said Reaves was the owner of the lots. Thirdly, it is averred that plaintiff procured his pretended title in a certain tax proceeding by the Collector of Greene County…

2Cases cited10 opinions

  1. Bensieck v. CookSupreme Court of Missouri · 1892
  2. Neenan v. City of St. JosephSupreme Court of Missouri · 1894
  3. Gray v. BowlesSupreme Court of Missouri · 1881
  4. Schanewerk v. HoberechtSupreme Court of Missouri · 1893
  5. Williams v. HudsonSupreme Court of Missouri · 1887

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3Cited by8 opinions

  1. Elmendorf v. City of San AntonioCourt of Appeals of Texas · 1920
  2. State Ex Rel., Pickett v. TrumanSupreme Court of Missouri · 1933
  3. Missouri Real Estate & Loan Co. v. GibsonSupreme Court of Missouri · 1920
  4. McIntosh v. WigginsSupreme Court of Missouri · 1945
  5. Mangold v. BaconSupreme Court of Missouri · 1910

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