Valle v. Bryan
Supreme Court of Missouri
Appeal from Washington Circuit Court. Y’allé brought this suit to obtain from Bryan the legal title to a tract of land, claiming to be the equitable owner. It appeared that Louis LeClerc, in his life-time, furnished his son, Erancis, with money to enter the land for him, (Louis.) Erancis entered the land in his own name. After the death of both father and son, the land was sold by each of their administrators under an order of court. The plaintiff claims under the father.
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Appeal from Washington Circuit Court. Y’allé brought this suit to obtain from Bryan the legal title to a tract of land, claiming to be the equitable owner. It appeared that Louis LeClerc, in his life-time, furnished his son, Erancis, with money to enter the land for him, (Louis.) Erancis entered the land in his own name. After the death of both father and son, the land was sold by each of their administrators under an order of court. The plaintiff claims under the father. The defendant claims under the son, with notice of the facts. The court below gave a decree vesting the title in the…
1Opinion of the CourtScott, Judge
1. It is obvious that the sales of the land in controversy have taken place under such circumstances as to cause a sacrifice of it, without producing any benefit to either of the administrations. It is bad policy in the county courts to order sales whore there is a doubt about the title of the land ordered to be sold, when that doubt may be easily removed by a suit. The courts may unquestionably sell estates, the titles of which are doubtful, but a wise exercise of discretion would lead them, in such cases, to postpone a sale until the title is adjudicated. Certainly, it can be of no…
2Cited by5 opinions
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Baumgartner v. GuessfeldSupreme Court of Missouri · 1866
- In re Wood EstateMissouri Court of Appeals · 1909
- McMurray v. McMurraySupreme Court of Missouri · 1904
- Trent's Administrator v. TrentSupreme Court of Missouri · 1857