Ward v. Brown
Supreme Court of Missouri
Appeal from Barton Circuit Court. — Hon. 0. G. Burton, Judge. (1) Brown was under no duty or obligation to buy the land for the benefit of the estate. Averill v. Williams, 4 Ben. 295; Beardsley to. Root, 11 Johns. 464; Botone?/ d. Gerrard, 3 Grant (Pa.) 65; Battery v. Bypher, 7 Wall. (U. S.) 157; Warren to.
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Appeal from Barton Circuit Court. — Hon. 0. G. Burton, Judge. (1) Brown was under no duty or obligation to buy the land for the benefit of the estate. Averill v. Williams, 4 Ben. 295; Beardsley to. Root, 11 Johns. 464; Botone?/ d. Gerrard, 3 Grant (Pa.) 65; Battery v. Bypher, 7 Wall. (U. S.) 157; Warren to. IlatoJcins, 49 Mo. 138; (2) It follows, as Brown was under no obligation to purchase for his client, a purchase for himself, at an ojien public sale, of the property sMd on execution, in favor of Ms client, in the absence of any fraud on his part, was not prohibited by any law or public…
1Opinion of the CourtHenry, C. J.
This suit has for its object the divestiture of defendants of their legal title to the north half . of section thirty-three, township thirty-two, range thirty-three, in Barton county, and the investment of the title thereto in the plaintiffs, who are the heirs at law of George E. Ward, deceased. E. G. Ward, one of the plaintiffs, administered on said estate, and, as such, .instituted a suit in the circuit court, of Barton county, against one N. R. Cornell, and obtained a judgment for twenty-five hundred dollars, on which an execution issued which was levied upon the land in controversy, as…
2Cases cited3 opinions
- Bliss v. PrichardSupreme Court of Missouri · 1877
- Johnson v. OutlawMississippi Supreme Court · 1879
- Downey v. GerrardSupreme Court of Pennsylvania · 1857
3Cited by5 opinions
- Huggins Cracker & Candy Co. v. People's InsuranceMissouri Court of Appeals · 1890
- Davis v. KlineSupreme Court of Missouri · 1888
- Demmel v. HammettSupreme Court of Missouri · 1950
- Aultman, Miller & Co. v. LoringMissouri Court of Appeals · 1898
- Wilber v. RobinsonMissouri Court of Appeals · 1888