Wilson v. Hays
Missouri Court of Appeals
Appeal from Platte Circuit Court. — Hon. A. D. Burnes, Judge. The order appointing a receiver is erroneous for many reasons, including the following: (a) This is a suit on an alleged contract of purchase of lands. The contract is denied and the defendants are in possession of the lands. The respondent cannot legally oust the defendants, and get possession of this land, by the erroneous appointment, by the judge in vacation, of a receiver.
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Appeal from Platte Circuit Court. — Hon. A. D. Burnes, Judge. The order appointing a receiver is erroneous for many reasons, including the following: (a) This is a suit on an alleged contract of purchase of lands. The contract is denied and the defendants are in possession of the lands. The respondent cannot legally oust the defendants, and get possession of this land, by the erroneous appointment, by the judge in vacation, of a receiver. Rees v. Andrews, 169 Mo. 189; State ex rel. v. Dearing, 184 Mo. 648; Pullis v. Pullis, 157 Mo. 565. (b) Tbe judge in vacation bas no right to oust parties…
1Opinion of the Court
ELLISON, J. —
This appeal is from an order of court appointing a receiver for certain personal property on the application of the plaintiff.
It appears that plaintiff brought his action against defendants for specific performance of a contract for sale of a tract of farm land; that it was a part of such contract that 'defendants were to retain or rent the land until the first of March, 1910, and to pay plaintiff one *515half the corn and wheat grown on the premises. In that action plaintiff prayed the appointment of a receiver. Afterwards, while that action was pending, and on July 12, 1909,…
2Cases cited4 opinions
- Cantwell v. Columbia Lead Co.Supreme Court of Missouri · 1906
- Bank of Dexter v. Stoddard County BankSupreme Court of Missouri · 1902
- Stark v. GrimesMissouri Court of Appeals · 1901
- State ex rel. Gray v. Phoenix Loan Ass'nSupreme Court of Missouri · 1900