Cunningham v. Anderson
Supreme Court of Missouri
Appeal from, Pemiscot Circuit Court. —Hon. H. C. O’Bryan, Judge. (1) The order of the probate court of Pemiscot ■ county, disapproving the report of sale, made by Mrs. Edsall,administratrix, etc., to defendant herein, rendered the sale absolutely void, and the purchaser acquired no title thereby to any land so sold.
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Appeal from, Pemiscot Circuit Court. —Hon. H. C. O’Bryan, Judge. (1) The order of the probate court of Pemiscot ■ county, disapproving the report of sale, made by Mrs. Edsall,administratrix, etc., to defendant herein, rendered the sale absolutely void, and the purchaser acquired no title thereby to any land so sold. R. S. 1879, secs. 167 and 168. Castle-man v. Relfe, 50 Mo. 583. (2) Mrs. Edsall, administratrix, having given the proper notice-of her intention to apply for an order of sale of the realty, to pay the debts of her intestate, the heirs and all persons interested in the estate were…
1Opinion of the CourtSherwood, P. J.
This action of ejectment for lands in Pemiscot county grows out of two administration sales or attempted sales of such lands, the manner of making which and other attendant circumstances will hereinafter sufficiently appear.
*374The lands belonged to the estate of Jas. R. Edsall. His widow, Charlotte, became the administratrix, and upon her application the land in controversy was duly ordered to be sold. Whether the order embraced other lands does not appear, and every step taken down to, and inclusive of, the order of sale being in conformity to law, and the land aforesaid correctly described,…
2Cases cited3 opinions
- Farrar v. DeanSupreme Court of Missouri · 1856
- Ackley v. DygertNew York Supreme Court · 1860
- Schafer v. CauseySupreme Court of Missouri · 1882
3Cited by3 opinions
- Gray v. ClementSupreme Court of Missouri · 1922
- Hulsewede v. Churchman's Extx.Court of Appeals of Kentucky · 1901
- O'Donnell v. MathewsMissouri Court of Appeals · 1926