Long v. Joplin Mining & Smelting Co.
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Joseph Cravens, Judge. The deed from M. M. James, referred to in ihe opinion, was elated February 28th, 1874, and was executed in pursuance of an order of court upon him, as acting administrator of Alexander Orchard, to make a deed to the defendant, as assignee of William T. Orchard, under his purchase at the administration sale made by Clisby Robinson, the former administrator, who died in 1861. His successor, M. M. James, was…
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Appeal from Jasper Circuit Court. — Hon. Joseph Cravens, Judge. The deed from M. M. James, referred to in ihe opinion, was elated February 28th, 1874, and was executed in pursuance of an order of court upon him, as acting administrator of Alexander Orchard, to make a deed to the defendant, as assignee of William T. Orchard, under his purchase at the administration sale made by Clisby Robinson, the former administrator, who died in 1861. His successor, M. M. James, was appointed October 3rd, 1873. The final settlement of Clisby Robinson of August 25th, 1858, besides giving a description’of the…
1Opinion of the CourtSherwood, C. J.
The defendant was successful in the ejectment brought by plaintiff', hence this appeal.
1. deed, of an adbonis non.
I. An administrator de bonis non cannot be appointed for the sole purpose of making a deed which his predecessor had neglected to make; for this reason, the deed made by M. M. James to defendant was a mere nullity. Grayson v. Weddle, 63 Mo. 523.
2. _. equitachaserwi°/hotit deedi
II. But, though the deed of James was inoperative, did not accomplish the purpose which induced his appoiutmeiA> yet- it is by no means clear that plaiutiff sllould have recovered the land sued for. The…
2Cases cited9 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Johnson v. BeazleySupreme Court of Missouri · 1877
- Hartwell v. RootNew York Supreme Court · 1822
- Jackson ex dem. Sternberg v. ShafferNew York Supreme Court · 1814
- Grayson v. WeddleSupreme Court of Missouri · 1876
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3Cited by30 opinions
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- Lenox v. HarrisonSupreme Court of Missouri · 1885
- Flanagan v. FlanaganNew York Supreme Court · 1880
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