Rector v. Hartt
Supreme Court of Missouri
ERROR to Cooper Circuit Court. 1. A sheriff has power and authority to sell real estate in mass, or in the entirety, under execution, although it may be susceptible of division, and may, in fact, consist of several pieces; the statute, pointing out the mode of selling land under execution, is merely directory, and a non-compliance with its provisions does not render the sale void. — Woods vs. Morrell, 1 Johns. Chan.
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ERROR to Cooper Circuit Court. 1. A sheriff has power and authority to sell real estate in mass, or in the entirety, under execution, although it may be susceptible of division, and may, in fact, consist of several pieces; the statute, pointing out the mode of selling land under execution, is merely directory, and a non-compliance with its provisions does not render the sale void. — Woods vs. Morrell, 1 Johns. Chan. Rep., 501; 2d part of New York Digest, p. 1,022, sec. 510, 511; 6 Wendell, 522; Hicks & Hammonds vs. Perry, 7 Mo. Rep., 346; 1 Monroe’s Ky. Rep., 94,5. 2. Whether the sheriff, in…
1Opinion of the CourtScott, J.
This was an action of ejectment, commenced by G. C. Hartt against Charles Rector, for the north-west fractional quarter of section thirty-five, in township *455forty-nine of range seventeen west, situate in Cooper county: the plaintiff had verdict and judgment.
On the trial, the plaintiff gave in evidence a patent from the United States to Henry Carroll, G. C. Hartt, and Robert Wallace, assignees of the pre-emption of Hannah Cole, for the tract of land in controversy, dated 19th November, 1822, and proved that the defendant'was in possession of a part of the tract of land in dispute at the…
2Cases cited1 opinion
- Groff v. JonesNew York Supreme Court · 1831
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- Wright v. SalisburySupreme Court of Missouri · 1870
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