Fortune v. Fife
Supreme Court of Missouri
Error to Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) Payment of the purchase money to the guardian was unauthorized. The statute, Revised Statutes, 1855, section 85, page 1116, provides that the sheriff “shall” collect the money and make the deed. He must sue in his own name ( Wiley v. Roberts, 27 Mo. 388), and a payment made as in this case, without his consent, would be no defense. Rogers went into possession under a contract of purchase.
Read the full summary
Error to Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) Payment of the purchase money to the guardian was unauthorized. The statute, Revised Statutes, 1855, section 85, page 1116, provides that the sheriff “shall” collect the money and make the deed. He must sue in his own name ( Wiley v. Roberts, 27 Mo. 388), and a payment made as in this case, without his consent, would be no defense. Rogers went into possession under a contract of purchase. Stewart v. Garvin, 31 Mo. 36 ; Pall v. David, 45 Mo. 447. And, until full payment of the purchase money, he could not assert an adverse…
1Opinion of the CourtBrace, J.
This is an action in ejectment to recover a lot in the city of St. Joseph, commenced in the Buchanan circuit court on the eighteenth day of August, 1887. Verdict and judgment for defendant. The cause is brought here by plaintiff on writ of error.
In 1858 the plaintiff, Mary E. Fortune, and her mother, Margaret McCauley, under the will of Thomas McCauley, who died in that year, became seized in fee as tenants in common of a tract of land including the premises in controversy. Afterwards, in the same year, Mrs. McCauley sold and conveyed her interest in the land to Michael Rogers. In 1859 Rogers…
2Cited by4 opinions
- Burden v. TaylorSupreme Court of Missouri · 1894
- Clark v. SiresSupreme Court of Missouri · 1906
- Sparks v. ClaySupreme Court of Missouri · 1904
- Clevenger v. OdleMissouri Court of Appeals · 1932