Tutt v. Boyer
Supreme Court of Missouri
Error to Henry County Court of Common Pleas. I. The order of the court referred to in the administrator’s deed did not authorize the administrator to sell the land in controversy, and the sale of land without an order of court expressly conferring upon the administrator the power to sell, is void and passes no title, and the approval of such sale is a nullity.
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Error to Henry County Court of Common Pleas. I. The order of the court referred to in the administrator’s deed did not authorize the administrator to sell the land in controversy, and the sale of land without an order of court expressly conferring upon the administrator the power to sell, is void and passes no title, and the approval of such sale is a nullity. (1 W. S., 97, § 26; 1 Pet., 340; 7 Hill, 345 ; Thatcher vs. Powell, 6 Wheat., 124.) The power referred to in the deed did not confer this authority, it only purported to authorize the sale of certain specific lands set out in the order…
1Opinion of the CourtAdams, Judge
The plaintiffs, as heirs at law of A. M. Tutt deceased, brought suit by ejectment against the defendant for certain lands in Henry County.
The defendant claimed the lands by virtue of a sale and deed made by the public administrator of Henry County, who as such was administrator of the estate of said A. M. Tutt, the ancestor of the plaintiffs, and under an order of the County Court of Henry County for the sale of the real estate for payment of debts, sold these lands and the defendant became the purchaser.
Under the instructions of the court, in effect pronouncing the administrator’s sale and…
2Cases cited1 opinion
- Overton v. JohnsonSupreme Court of Missouri · 1853
3Cited by6 opinions
- Evans v. SnyderSupreme Court of Missouri · 1877
- Price v. Springfield Real-Estate Ass'nSupreme Court of Missouri · 1890
- Cotton v. HollowaySupreme Court of Alabama · 1893
- Hausaman Bauer v. BruceMissouri Court of Appeals · 1944
- Yeatman v. YeatmanNebraska Supreme Court · 1892
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