Kearney v. Vaughan
Supreme Court of Missouri
Error lo Kansas City Court of Common Pleas. I. A court of equity has no inherent power to sell infants’ real estate. (Field v. Moore, 19 Beav. 176 ; Calvert v. Godfrey, 6 Beav: 97 ; Forman v. Marsh, 1 Kernan, 551; Wood v. Mather, 38 Barb. 484; Vowles’ Heirs v. Buckman, 6 Dana, 466; Williamson v. Berry, 8 How. 556.) “The. court of chancery had inherent jurisdiction, independently of the statute, to order the sale of the equitable interests of infant plaintiffs.”
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Error lo Kansas City Court of Common Pleas. I. A court of equity has no inherent power to sell infants’ real estate. (Field v. Moore, 19 Beav. 176 ; Calvert v. Godfrey, 6 Beav: 97 ; Forman v. Marsh, 1 Kernan, 551; Wood v. Mather, 38 Barb. 484; Vowles’ Heirs v. Buckman, 6 Dana, 466; Williamson v. Berry, 8 How. 556.) “The. court of chancery had inherent jurisdiction, independently of the statute, to order the sale of the equitable interests of infant plaintiffs.” (Inwood v. Twyne, 2 Eden’s Ch. 153 ; Wood v. Mather, 38 Barb. 482.) Whenever an encumbered estate devolves on an infant and a sale is…
1Opinion of the Court
Bliss, Judge,
delivered the opinion of.the court.
The plaintiffs claim lot 243 in Old Town, now Kansas City, and show that in 1847 the “ Old Town Company,” consisting of John O. McCoy and others, were the proprietors of this and other lots; that they appointed Pierre M. Chouteau their attorney in fact to sell and convey said lots ; that Ezekiel Huffman purchased this lot, and that said Chouteau undertook to convey him the Same, but by a deed defective in this: that it recites that the *286indenture was made and entered into by and between the said Chouteau, as attorney in fact of the owners (naming…
2Cases cited1 opinion
- Mitchell v. ParkerSupreme Court of Missouri · 1857
3Cited by19 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Frazier v. JeakinsSupreme Court of Kansas · 1902
- Hancock v. BlackwellSupreme Court of Missouri · 1897
- Doney v. LaughlinIndiana Court of Appeals · 1911
- Mason v. BlackSupreme Court of Missouri · 1885
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