Thornton v. Thornton
Supreme Court of Missouri
Error to Washington Circuit Court. I. A sale in an entire thing. If void or voidable in part, it is void or voidable as a whole. The judgment is irregular and void as to the infants and Brunt and wife, for the reason that they were not in fact parties before the court. The judgment then is void, and the sale under it a nullity.
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Error to Washington Circuit Court. I. A sale in an entire thing. If void or voidable in part, it is void or voidable as a whole. The judgment is irregular and void as to the infants and Brunt and wife, for the reason that they were not in fact parties before the court. The judgment then is void, and the sale under it a nullity. (11 N. H. 299; Hall v. Williams, 6 Pick. 247; 12 Johns. 434; 5 Wend. 161.) I. The circuit court could not set aside the sale on a mere motion, except for causes originating after the judgment, such as the misconduct of the sheriff, or unlawful combination of…
1Opinion of the CourtRichardson, Judge
This was a proceeding for partition of real estate between the widow and representatives of John Thornton,, deceased, commenced in December,.1854. The petition begins — “To the honorable circuit court of Washington county: Your petitioners, John Thornton, Jackson Thornton, John Jennings and Catherine his wife, John Brunk and Mary his wife, Mary Thornton, Thomas Hopson, Catharine Hopson his wife, and James Thornton, Elizabeth • Thornton, Cynthia Thornton, Margaret Thornton and Daniel Thornton, by their guardian — the five last named being minors, under twenty-one years of age — say that they…
2Cases cited1 opinion
- Johnson v. NobleSupreme Court of Missouri · 1857
3Cited by4 opinions
- Carson v. HeckeSupreme Court of Missouri · 1920
- Phelps v. DomvilleSupreme Court of Missouri · 1957
- Larned v. RenshawSupreme Court of Missouri · 1866
- Waugh v. BlumenthalSupreme Court of Missouri · 1859