Greene v. Holt
Supreme Court of Missouri
Error to Lawrence Circuit Court.—Hon. Joseph Cravens, Judge. This was an action of ejectment to recover the west half of lot No. 2 of the northwest fractional quarter of section 1, township 26, range 25, and the northwest quarter, southwest quarter section 36, township 27, range 25, in Lawrence county. Plaintiff claimed as only son and heir of John A. Greene, who died in the year 1854, seized of these lands. On the 19th day of January, 1855, Wm.
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Error to Lawrence Circuit Court.—Hon. Joseph Cravens, Judge. This was an action of ejectment to recover the west half of lot No. 2 of the northwest fractional quarter of section 1, township 26, range 25, and the northwest quarter, southwest quarter section 36, township 27, range 25, in Lawrence county. Plaintiff claimed as only son and heir of John A. Greene, who died in the year 1854, seized of these lands. On the 19th day of January, 1855, Wm. Greene and Cynthia Greene, widow of the deceased, qualified as administrators of the estate. On the 9th day of May, 1855, a petition Tunning in their…
1Opinion of the Court
I
Sherwood, J.
There can be no question of the plaintiff’s right to recover a portion of the land sued for, to-wit: the west half of lot No. 2 of the northwest fractional quarter of section 1, township 26, range 25, since this land, though described in the deed and in the report of sale, is not described in the petition, nor in the order approving *679the sale, nor m the order of sale ; the only allusion in the latter order to the real estate being this: “ that the administrators, or any one of them, be ordered and authorized to sell said real estate of said deceased, which is described in tbe…
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