Neiman v. Early
Supreme Court of Missouri
Appeal from St. Louis Land Court. This was an action for the partition of certain lands commenced by Christopher Neiman and others, all the parties interested joining in the petition. At the October term, 1856, of the Land court, the court ordered the sale of three of the tracts of land embraced in the petition. During the same term the sheriff sold said parcels, John Early became the purchaser of one tract, and L. Babcock of another.
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Appeal from St. Louis Land Court. This was an action for the partition of certain lands commenced by Christopher Neiman and others, all the parties interested joining in the petition. At the October term, 1856, of the Land court, the court ordered the sale of three of the tracts of land embraced in the petition. During the same term the sheriff sold said parcels, John Early became the purchaser of one tract, and L. Babcock of another. On the 3d of December, 1856, at said October term, the sheriff made his report of sales to the court. Babcock moved the court to set aside the sale to himself…
1Opinion of the CourtNaptoN, Judge
The only question in this case is whether the Land court had power to set aside a sale in partition, at the return term, without notice to the purchaser.
It seems that under the order of the court three several pieces of land were directed to be sold and were sold. A *477clay or two after the sale and during the term to which the writ was returnable, one of the purchasers of one of the tracts sold came into court and asked to have the sale set aside on account of an alleged misrepresentation as to the title. By consent of the parties interested in the partition, and without any investigation of…
2Cited by2 opinions
- Clark v. SiresSupreme Court of Missouri · 1906
- McKee v. LoganSupreme Court of Missouri · 1884