Hutchinson v. Shelley
Supreme Court of Missouri
Appeal from Osage Circuit Court. — Hon. Rudolph Hiezel, Judge. (1) Where defendant in ejectment claims under an administrator’s sale and deed, he is required to show in the first instance, only the deed, the order of sale, and the order of court approving the sale. Price v. Association, 101 Mo. 107. (2) The court was authorized to order the sale of the land in question, although incumbered by the deeds of trust.
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Appeal from Osage Circuit Court. — Hon. Rudolph Hiezel, Judge. (1) Where defendant in ejectment claims under an administrator’s sale and deed, he is required to show in the first instance, only the deed, the order of sale, and the order of court approving the sale. Price v. Association, 101 Mo. 107. (2) The court was authorized to order the sale of the land in question, although incumbered by the deeds of trust. R. S. 1889, sec. 143. (3) Besides, the judgment of the probate court on the question of the necessity of the order of sale of decedent’s land for the payment of his debts is…
1Opinion of the CourtGantt, P. J.
This is an action of ejectment in statutory form for the north half of the northwest quarter of section 17, and east half of the northeast quarter, and the northwest quarter of the northeast quarter of section 18, all in township 45, range 7 west of the fifth principal meridian, lying in Osage county, being two hundred" and forty acres of land.
John McNamara died seized of said lands, March *40620, 1891. Both parties claim title through him. By his last will and testament, duly probated after his death, John McNamara devised all these lands and all his personal estate to the plaintiff J. W.…
2Cases cited13 opinions
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- Adams v. CowlesSupreme Court of Missouri · 1888
- Evans v. SnyderSupreme Court of Missouri · 1877
- Agan v. ShannonSupreme Court of Missouri · 1890
- Price v. Springfield Real-Estate Ass'nSupreme Court of Missouri · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Turner v. GregorySupreme Court of Missouri · 1899
- Young v. DowneySupreme Court of Missouri · 1899
- Stark v. KirchgraberSupreme Court of Missouri · 1905
- Benton Land Co. v. ZeitlerSupreme Court of Missouri · 1904
- Langston v. CanterburySupreme Court of Missouri · 1903
11 more not listed; retrieve them via the Exa API.