Legal Opinion

Rugle v. Webster

Supreme Court of Missouri

Decided January 15, 1874PublishedCited by 13 opinions

Appeal from, Polk Circuit Court. I. Tlie petition for an order of sale and the notiee of the pendency of such application gave the court jurisdiction to order the sale of the real estate. (Overton vs. Johnson, 17 Mb., 442; Frye vs. Kimball, 16 Mo., 9; Vasquez vs. Richardson, 19 Mo., 96; Strouse vs. Drennan, 41 Mo., 289; Robert vs. Oasey, 25 Mo., 584.) II. The deed of Stiles, Adm’r. by his attorney is valid.

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Appeal from, Polk Circuit Court. I. Tlie petition for an order of sale and the notiee of the pendency of such application gave the court jurisdiction to order the sale of the real estate. (Overton vs. Johnson, 17 Mb., 442; Frye vs. Kimball, 16 Mo., 9; Vasquez vs. Richardson, 19 Mo., 96; Strouse vs. Drennan, 41 Mo., 289; Robert vs. Oasey, 25 Mo., 584.) II. The deed of Stiles, Adm’r. by his attorney is valid. The power of attorney was made and delivered after the court had approved of the sale to defendant, and the administrator could exercise no discretion in making the deed. III. The deed of…

1Opinion of the CourtWaoner, Judge

This was an action of ejectment, broughtby the plaintiffs in the court below, to x*ecover the possession of certains lands lying in Polk county. The plaintiffs claim title a'S the heirs of one Isaac T. Davis, deceased, and the defendant claims by virtue of a pixx’chase and deed made at an administi’ators sale, at which the land was sold to pay debts owing by the decedent. Judgment having gone for the plaintiffs in the Cix’cuit Court, the case is brought here for review by appeal. In suppox’t of the judgment it is contended that the proeeediixgs in the County Court taken-by the administrator…

2Cases cited4 opinions

  1. Caldwell v. LockridgeSupreme Court of Missouri · 1845
  2. Kiley v. CranorSupreme Court of Missouri · 1873
  3. Overton v. JohnsonSupreme Court of Missouri · 1853
  4. Hungerford v. FaySupreme Court of Missouri · 1872

3Cited by13 opinions

  1. Wilcoxon v. OsbornSupreme Court of Missouri · 1883
  2. Robbins v. BoulwareSupreme Court of Missouri · 1905
  3. Rogers v. JohnsonSupreme Court of Missouri · 1894
  4. Francisco v. WingfieldSupreme Court of Missouri · 1901
  5. Jenkins v. MorrowMissouri Court of Appeals · 1908

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