Schwartz v. Dryden
Supreme Court of Missouri
Error to Marion Circuit Court. A suit was instituted in the Marion circuit court for partition of certain tracts and lots of land among the heirs of Pocahontas Sloan, deceased. In this proceeding, John D. S. Dryden, as commissioner appointed by the court, sold to Charles Schwartz and wife and William Lindig a certain lot in the town of Palmyra, 305 feet in width, and 289i feet in length.
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Error to Marion Circuit Court. A suit was instituted in the Marion circuit court for partition of certain tracts and lots of land among the heirs of Pocahontas Sloan, deceased. In this proceeding, John D. S. Dryden, as commissioner appointed by the court, sold to Charles Schwartz and wife and William Lindig a certain lot in the town of Palmyra, 305 feet in width, and 289i feet in length. Said lot had formerly belonged to Samuel 0. Sloan, an ancestor of the parties to the proceeding for partition, who with his wife Pocahontas had conveyed all of said lot, except a strip of forty-one feet in…
1Opinion of the CourtNapton, Judge
In the case of Owsley et al. v. Smith’s heirs, 14 Mo. 153, this court held that in partition sales under our statute there was no warranty of title. This decision is based upon the particular phraseology of our statute, and seems to have been acquiesced in. No case has been brought up to this court, since that decision, in which the court has been asked to review the subject; nor is it attempted in this case.
Regarding this point as settled, the plaintiff, who was the purchaser of a lot in Palmyra at a partition sale made by a commissioner, applies to the court to set aside so much of the sale…
2Cases cited1 opinion
- Owsley v. Heirs of SmithSupreme Court of Missouri · 1851
3Cited by9 opinions
- Metcalf v. LarnedSupreme Court of Missouri · 1867
- McLean v. MartinSupreme Court of Missouri · 1870
- Cashion v. FainaSupreme Court of Missouri · 1870
- McNamee v. ColeMissouri Court of Appeals · 1908
- Stephens v. EllsSupreme Court of Missouri · 1877
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