Tipton v. Renner
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in setting aside the sale and canceling defendants’ deed. The sheriff had full power and authority, under the school-fund mortgage and the order of the county court, to levy upon, advertise and sell the land set forth in the school-fund mortgage.
Read the full summary
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in setting aside the sale and canceling defendants’ deed. The sheriff had full power and authority, under the school-fund mortgage and the order of the county court, to levy upon, advertise and sell the land set forth in the school-fund mortgage. R. S. 1889, secs. 8059, 7091, 7088; Kelly v. Burt, 61 Mo. 463. (2) Under section 8059, Revised Statutes of 1889, the levy by the sheriff and the advertisement were strictly proper. There was no evidence of fraud or bad faith, either on the part of the sheriff in making…
1Opinion of the CourtBlack, J.
The plaintiffs, Tipton and Gilbert, brought this suit in equity against Renner and others for the purpose of setting aside a sale made by the sheriff of Audrain county under a deed of trust executed by the former owner of the land to secure money borrowed from the school fund. The court set the sale aside, and the defendant appealed. The petition states a good cause of action, and there is nothing in the record proper to call for or justify a reversal. We must, therefore, look to the bill of exceptions, and in doing this the first question is, whether the parol evidence is preserved in a way…
2Cases cited6 opinions
- Crawford v. SpencerSupreme Court of Missouri · 1887
- Myers v. MyersSupreme Court of Missouri · 1889
- State ex rel. Harber v. WearSupreme Court of Missouri · 1890
- McNeil v. Home InsuranceMissouri Court of Appeals · 1888
- Roberts v. BartlettMissouri Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Collier v. Catherine Lead Co.Supreme Court of Missouri · 1907
- Tebbetts v. RickartSupreme Court of Missouri · 1913
- McKenzie v. DonnellSupreme Court of Missouri · 1899
- Carlin v. WolffSupreme Court of Missouri · 1900
- O'Malley v. Continental Life InsuranceSupreme Court of Missouri · 1938
18 more not listed; retrieve them via the Exa API.