Price v. Springfield Real-Estate Ass'n
Supreme Court of Missouri
Appeal from Oreene Circuit Court. — Hon. W. D. Hubbard, Judge. (1) The deed of Joshua Davis to Joseph Weaver did not pass the'legal title; the legal title still remained vested in the heirs of I). B. Miller, deceased. First. It does not appear that a petition' for sale of the land was filed nor that the pretended sale was approved at the next term of the county court nor any order of the county court directing notice to be given to all persons in interest.
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Appeal from Oreene Circuit Court. — Hon. W. D. Hubbard, Judge. (1) The deed of Joshua Davis to Joseph Weaver did not pass the'legal title; the legal title still remained vested in the heirs of I). B. Miller, deceased. First. It does not appear that a petition' for sale of the land was filed nor that the pretended sale was approved at the next term of the county court nor any order of the county court directing notice to be given to all persons in interest. Teverbaugh v. Hawkins, 82 Mo. 180; Pattee v. Mowry, 59 Mo. 161; 7 South. Law Rev. 651. Second. The county court of Greene county under the…
1Opinion of the CourtBlack, J.
This is an action of ejectment for thirty acres of land near Springfield in Greene county. Plaintiff appealed • from a judgment in favor of the defendant.
It is admitted that Daniel B. Miller died seized of the land in 1839 or 1840. In 1869 and 1870 the heirs of Miller made deeds of quitclaims to John C. Price, and the plaintiff claims under the last will of Price.
The defendant for a record title put in evidence a deed from Joshua Davis, clerk of the county court of Greene county, to Joseph Weaver, dated the fourth of May, 1843, from which it appears Weaver, as administrator of the Miller…
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