Crosby v. Farmers' Bank
Supreme Court of Missouri
Appeal from, Andrew Gireuit Court. — Hon. C. A. Anthony, Judge. (1) The sale of the land in question in mass by the sheriff, when it was susceptible of division, and a party in interest requested him to divide it, and more than the amount of the mortgage debt and all costs was bid for one parcel, was illegal and fraudulent as to-plaintiffs, and should have been set aside.
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Appeal from, Andrew Gireuit Court. — Hon. C. A. Anthony, Judge. (1) The sale of the land in question in mass by the sheriff, when it was susceptible of division, and a party in interest requested him to divide it, and more than the amount of the mortgage debt and all costs was bid for one parcel, was illegal and fraudulent as to-plaintiffs, and should have been set aside. Tatum v. Holiday, 59 Mo. 422; State v. Young, 61 Mo. 397; Kelley v. Hurt, 61 Mo. 463; Bouldin r>. Ewart, 63-Mo. 330; Rector v. Harit, 8 Mo. 488; R. S. 1879, secs. 2368, 7113. (2) Though Harriet Crosby’s inchoate right of…
1Opinion of the CourtThomas, J.
This action was instituted in Andrew county, and plaintiffs’ petition is as follows : “Plaintiffs state that they are husband and wife, legally married ; that defendant, the Farmers'Bank of Andrew County, is a corporation duly incorporated by the laws of the state of Missouri.
“ That defendants, H. B. Watson, James H. Watson and J. M. Elrod, are partners doing business under the name and style of Watson & Elrod; that defendant John W. Crank is, and has been for more than one year last past, sheriff of the county of Andrew aforesaid.
*439“That on the twenty-fifth day of November, 1872, one Benjamin…
2Cases cited3 opinions
- Blevins v. SmithSupreme Court of Missouri · 1891
- Hinds v. StevensSupreme Court of Missouri · 1870
- Williams v. CourtneySupreme Court of Missouri · 1883
3Cited by5 opinions
- In Re Oxford Development, Ltd., Debtor. C.T. Development Corporation v. Gary D. Barnes, Trustee Canterbury Trails Home Association Bank of OdessaCourt of Appeals for the Eighth Circuit · 1995
- Mitchell v. Health Culture CompanySupreme Court of Missouri · 1942
- Neely v. WilliamsCourt of Appeals for the Eighth Circuit · 1906
- Harper v. KembleMissouri Court of Appeals · 1896
- Dickey v. Covenant Mutual Life Ass'nMissouri Court of Appeals · 1900