Shelton v. Horrell
Supreme Court of Missouri
Appeal from St. Genevieve Circuit Court. — No». Chas. A. Killian, Judge. (1) This ease has many points in common with the case of Shelton v. Franklin, decided by this Court in Banc and reported in 224 Mo. 342, but it has its distinguishing features which make the law announced in the above mentioned case only apply in this case to the extent to which the two cases are alike.
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Appeal from St. Genevieve Circuit Court. — No». Chas. A. Killian, Judge. (1) This ease has many points in common with the case of Shelton v. Franklin, decided by this Court in Banc and reported in 224 Mo. 342, but it has its distinguishing features which make the law announced in the above mentioned case only apply in this case to the extent to which the two cases are alike. The main features distinguishing the case at bar from the Shelton-Franklin ease are as follows:, (a) In the"Shelton-Franklin case there was no evidence introduced show-, ing that the sale of the land in question was made…
1Opinion of the Court
*366IN DIVISION ONE,.
GRAVES, J.
The sufficiency of the petition and the character of this action are in dispute. Plaintiff in the brief styles it “a suit in equity . . . for the purpose of removing a cloud from the title to one hundred and sixty acres of land.” The substantive charges of the petition are: (1) That on and prior to September 11, 1897, plaintiff owned in fee the land in dispute, which is 160 acres of land in Pemiscot county; (2) that on September 11, 1897, the then sheriff of Pemiscot county sold said land at execution sale under tax judgment, and delivered to the purchaser thereof a…
2Cases cited6 opinions
- Galliher v. CadwellSupreme Court of the United States · 1892
- Godden v. KimmellSupreme Court of the United States · 1879
- MacKall v. CasilearSupreme Court of the United States · 1890
- Shelton v. FranklinSupreme Court of Missouri · 1909
- Turner v. BurkeSupreme Court of Arkansas · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Troll v. City of St. LouisSupreme Court of Missouri · 1914
- State Ex Inf. Attorney-General v. School Dist.Supreme Court of Missouri · 1926
- Stanton v. ThompsonSupreme Court of Missouri · 1911
- McAboy v. PackerSupreme Court of Missouri · 1945
- Di Pasco v. ProsserSupreme Court of Missouri · 1954
11 more not listed; retrieve them via the Exa API.