Kelly v. Hurt
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Hon. Q-. W. Miller, Judge. This was a suit brought January 19th, 1874, to set aside a sheriff’s deed made upon a foreclosure of a school fund mortgage. The lands consisted of two forty acre tracts and two eighty acre tracts.
Read the full summary
Appeal from Cooper Circuit Court. — Hon. Q-. W. Miller, Judge. This was a suit brought January 19th, 1874, to set aside a sheriff’s deed made upon a foreclosure of a school fund mortgage. The lands consisted of two forty acre tracts and two eighty acre tracts. The petition asked to set aside the sale and deed because the lands, though susceptible of division, were sold in mass, when it was unnecessary to sell the whole to pay the debt, in consequence of which, it was alleged, they were sacrificed. The defenses were that the tracts were so situated as to constitute one farm and had long been…
1Opinion of the CourtSherwood, C. J.
This case will be considered from three points of view: The laches of Kelly in bringing this suit; the equitable estoppel which, in consequence of his conduct, has arisen against him, and his failure in the ejectment suit to urge those matters, as matters of defense, which are now relied on as grounds of equitable and affirmative relief.
I
And first, as to the laches of Kelly. The case of Hurt v. Kelly, 43 Mo. 238, was decided by this court in January, 1869. Kelly, in the following March, surrendered possession of the premises to Hurt. The present proceeding was not begun until January, 1874,…
2Cases cited23 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Badger v. BadgerSupreme Court of the United States · 1865
- Sullivan v. Portland & Kennebec RailroadSupreme Court of the United States · 1877
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
18 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Allis v. HallSupreme Court of Connecticut · 1904
- Murphy v. DeFranceSupreme Court of Missouri · 1891
- Rice v. GriffithSupreme Court of Missouri · 1942
- Dunn v. MillerSupreme Court of Missouri · 1888
- William Weisman Realty Co. v. CohenSupreme Court of Minnesota · 1923
8 more not listed; retrieve them via the Exa API.