Holdsworth v. Shannon
Supreme Court of Missouri
Appeal from Jasper Circuit Court — Hon. M. Gh MoG-eegor, Judge. This proceeding was instituted in the Newton circuit court to set aside a sale of the northeast quarter of section 25, township 24, range 32 in that county. The sale was made by Shannon, sheriff, acting as trustee in lieu of J. B. Watkins who had declined to act.
Read the full summary
Appeal from Jasper Circuit Court — Hon. M. Gh MoG-eegor, Judge. This proceeding was instituted in the Newton circuit court to set aside a sale of the northeast quarter of section 25, township 24, range 32 in that county. The sale was made by Shannon, sheriff, acting as trustee in lieu of J. B. Watkins who had declined to act. On October 1, 1883, one Ida E. Hibbard executed her note to Holdsworth the plaintiff for the sum of. $600, and to secure it gave a deed of trust of even date on the property mentioned, and also on the southwest quarter of the same section, etc. The note matured October…
1Opinion of the CourtSherwood, J.
The salient questions which lie at the threshold of the investigation necessary in regard to the merits of this controversy are three, and these: First. Was the sale made at an unusual hour? Second. Was the property sold for an inadequate price, which, coupled with other circumstances, authorized the sale to be set aside? Third. Are the defendants, Hinton and Harbison, to be regarded as innocent purchasers, that is, purchasers without notice and in good faith.
Of these in their order.
I. As to the first. The preponderance of the testimony shows the sale occurred just before eleven o’clock. The…
2Cases cited9 opinions
- Frost v. BeekmanNew York Court of Chancery · 1814
- Collier v. WhippleCourt for the Trial of Impeachments and Correction of Errors · 1834
- Halsa v. HalsaSupreme Court of Missouri · 1843
- Stoffel v. SchroederSupreme Court of Missouri · 1876
- Goode v. ComfortSupreme Court of Missouri · 1866
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Hanson v. NealSupreme Court of Missouri · 1908
- Young v. SchofieldSupreme Court of Missouri · 1896
- Hayden v. SmithSupreme Court of Alabama · 1927
- Reisenberg v. HankinsCourt of Appeals of Texas · 1924
- Judah v. PittsSupreme Court of Missouri · 1933
21 more not listed; retrieve them via the Exa API.