Teverbaugh v. Hawkins
Supreme Court of Missouri
Appeal from Ozark Circuit Court. — Hon. J. R. Wood side, Judge. The administrator’s sale was void. No petition for’ •order of sale was ever presented to the probate court. Gen. St. 1865. p. 497, § 10; p. 498, § 22; Jarvis v. Russiek, 12 Mo. 63; Bompart v. Lucas, 21 Mo. 598 ; Pryor v. Downey, 50 Cal. 388. Nor was any notice of the contemplated order of sale ever given. Patee v. Mowry, 59 Mo. 161, 194; 7 South. Law Eeview, p. 651, et seq.
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Appeal from Ozark Circuit Court. — Hon. J. R. Wood side, Judge. The administrator’s sale was void. No petition for’ •order of sale was ever presented to the probate court. Gen. St. 1865. p. 497, § 10; p. 498, § 22; Jarvis v. Russiek, 12 Mo. 63; Bompart v. Lucas, 21 Mo. 598 ; Pryor v. Downey, 50 Cal. 388. Nor was any notice of the contemplated order of sale ever given. Patee v. Mowry, 59 Mo. 161, 194; 7 South. Law Eeview, p. 651, et seq. There was no settlement of the administrator’s accounts until after the alleged •order of sale, hence it could not have been made under General Statutes 1865,…
1Opinion of the CourtHenry, J.
This is an action of ejectment to recover a tract of land in Ozark county. The petition is in the usual form and the answer a general denial. The cause was tried by the court without the intervention of a jury, ■and from a judgment in favor of defendant plaintiffs appealed. The plaintiffs claim title as the heirs at law of *182Solomon Teverbaugh, deceased. The land was entered by one A. D. Hitt who, the evidence tended to prove, conveyed it to said Tevei’baugh by deed, the existence and destruction of which was proved by witnesses who testified that they had* seen the deed.
Defendant claims title…
2Cases cited3 opinions
- Trustees of General Assembly of the Presbyterian Church v. McElhinneySupreme Court of Missouri · 1876
- Farrar v. DeanSupreme Court of Missouri · 1856
- Patee v. MowrySupreme Court of Missouri · 1875
3Cited by7 opinions
- Carter v. FrahmSouth Dakota Supreme Court · 1913
- Camden v. PlainSupreme Court of Missouri · 1886
- Hutchinson v. ShelleySupreme Court of Missouri · 1896
- Young v. DowneySupreme Court of Missouri · 1898
- Crooks v. HarrelsonCourt of Appeals for the Eighth Circuit · 1929
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