Benton County v. Morgan
Supreme Court of Missouri
Appeal from Benton Circuit Court. — Eon. W. W. Graves, J udge. (1) Sections 9833 and 9835, Revised Statutes 1899, are not unconstitutional and void. Under section 36 of article 6 of the Constitution, county courts are made courts of record and have jurisdiction to transact all county and such other business as may be prescribed by law.
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Appeal from Benton Circuit Court. — Eon. W. W. Graves, J udge. (1) Sections 9833 and 9835, Revised Statutes 1899, are not unconstitutional and void. Under section 36 of article 6 of the Constitution, county courts are made courts of record and have jurisdiction to transact all county and such other business as may be prescribed by law. This court has held that county courts may act both in a judicial and an administrative capacity, and if it be held that the order of sale, and the levy and sale by the sheriff thereunder, provided by section 9835, is the exercise of a judicial power it was,…
1Opinion of the CourtSheewood, J.
This equitable action was brought for the purpose of cancelling and setting aside a conveyance made by the sheriff to V. Y. Morgan, the purchaser at a sale made by that officer when selling certain land under an instrument commonly called a school mortgage, default having been made in the payment of the bond secured by such mortgage, plaintiff McPherson being the mortgagor.
It was sought, also, in the petition, to set aside and cancel a deed from Y. V. Morgan to his brother, John E. Morgan, Jr., whereby was conveyed to the latter, an undivided one-half interest in the land purchased. -The…
2Cases cited11 opinions
- Humphreys v. Atlantic Milling Co.Supreme Court of Missouri · 1889
- State ex rel. Lemon v. Board of EqualizationSupreme Court of Missouri · 1891
- Spears v. BondSupreme Court of Missouri · 1883
- Massey v. YoungSupreme Court of Missouri · 1880
- St. Louis, Iron Mountain & Southern Railway Co. v. ReynoldsSupreme Court of Missouri · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hanson v. NealSupreme Court of Missouri · 1908
- Mallinckrodt Chemical Works v. NemnichSupreme Court of Missouri · 1902
- Moseley v. City of Mountain GroveMissouri Court of Appeals · 1975
- Henman v. WestheimerMissouri Court of Appeals · 1905
- Faris v. MooreSupreme Court of Missouri · 1914
14 more not listed; retrieve them via the Exa API.