Legal Opinion

Wooton v. Hinkle

Supreme Court of Missouri

Decided January 15, 1855PublishedCited by 18 opinions

Appeal from Lafayette Circuit Court. This was a proceeding to set aside a partition sale of certain real estate, of which Hinkle became the purchaser.

Read the full summary

Appeal from Lafayette Circuit Court. This was a proceeding to set aside a partition sale of certain real estate, of which Hinkle became the purchaser. The cause was submitted to the court without a jury, and the following facts were found: Before the sale, Samuel B. Shannon, John S. Shannon and Captain Trigg agreed among themselves to purchase the land at the sale, provided it did not sell for more than twelve dollars per acre, and authorized S. B. Shannon to attend the sale, and bid that price for the land. In pursuance of' this agreement, S. B. Shannon attended the sale, and when the land…

1Opinion of the CourtScott, Judge

There was a motion made for a review of the facts found, but as, in our .opinion, the evidence warranted the finding of the court, we shall proceed to examine the questions of law arising upon the record as presented.

At one time, the law in England seemed to be settled that the employment of puffers at auctions was illegal. (Bexwell v. Christie, Cowp. 395.) Afterwards, acts of parliament imposing a duty on sales of estates at auction, created a different opinion, and seem to have sanctioned the practice. (Sug. on Tend. 24. 1 Eonb. 178.)

In America, where the subject has not been controlled by…

2Cases cited3 opinions

  1. Tudor v. LewisCourt of Appeals of Kentucky · 1860
  2. Smull v. JonesSupreme Court of Pennsylvania · 1841
  3. National Fire Insurance v. LoomisNew York Court of Chancery · 1845

3Cited by18 opinions

  1. United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
  2. Stewart v. SeveranceSupreme Court of Missouri · 1869
  3. Hook v. TurnerSupreme Court of Missouri · 1856
  4. Horn v. Star Foundry Co.West Virginia Supreme Court · 1884
  5. Fitzpatrick v. FedererSupreme Court of Missouri · 1958

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API