Marsala v. Marsala
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Harris Robinson, Judge. The. circuit court was without jurisdiction to vacate the sale, the term being past, and the motion to vacate being filed out of time. Harkness v. Jarvis, 182 Mo. 231; Padgett v. Smith, 205 Mo. 122; Sec. 1456., R. S. 1919; State ex rel. v. Ellison, 267 Mo. 321; Jende v. Sims, 258 Mo. 26; State ex rel. v. Reynolds, 209 Mo. 161; State ex rel. Brainerd v. Adams, 84 Mo. 310; Scott and Colbern v. Joffee, 125 Mo.
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Appeal from Jackson Circuit Court. — Hon. Harris Robinson, Judge. The. circuit court was without jurisdiction to vacate the sale, the term being past, and the motion to vacate being filed out of time. Harkness v. Jarvis, 182 Mo. 231; Padgett v. Smith, 205 Mo. 122; Sec. 1456., R. S. 1919; State ex rel. v. Ellison, 267 Mo. 321; Jende v. Sims, 258 Mo. 26; State ex rel. v. Reynolds, 209 Mo. 161; State ex rel. Brainerd v. Adams, 84 Mo. 310; Scott and Colbern v. Joffee, 125 Mo. App. 573; Beecham v. Evans, 136 Mo. App. 430; Mann v. Warner, 22 Mo. App. 581. (1) The motion to set aside the sale was…
1Opinion of the CourtDavid E. Blair, J.
This is an appeal from an order of the Circuit Court of Jackson County setting aside an order approving a partition sale of certain real estate made by- a commissioner of that court.
The property involved is described as all of the east fifty feet of lots one and two and the east fifty feet of the north forty feet of lot three in block seventy in East Kansas, an addition to Kansas City. The interests of the parties were determined by the court and the property ordered sold by a commissioner. It is conceded that up to this point the proceedings were regular in all respects. The property was…
2Cases cited8 opinions
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Harkness v. JarvisSupreme Court of Missouri · 1904
- Mirrielees v. Wabash RailroadSupreme Court of Missouri · 1901
- Murray v. YatesSupreme Court of Missouri · 1880
- Mount Vernon Bank v. PorterSupreme Court of Missouri · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Kelso v. W. A. Ross Construction Co.Supreme Court of Missouri · 1935
- Lee v. Baltimore Hotel Co.Supreme Court of Missouri · 1939
- State Ex Rel. May Department Stores Co. v. HaidSupreme Court of Missouri · 1931
- State Ex Rel. Conant v. TrimbleSupreme Court of Missouri · 1925
- Lee's Summit Building & Loan Ass'n v. CrossSupreme Court of Missouri · 1939
19 more not listed; retrieve them via the Exa API.