Turner v. Hunter
Supreme Court of Missouri
Appeal from Punldin Circuit Court.—Hon. J. L. Fort, Judge. (1)' Sheriffs in selling land under execution should divide the land, when susceptible of division, and sell only so much thereof as was necessary to pay the execution and costs, and while such failure on the part of the sheriff does not make a sale void, yet the sale will he set aside on timely motion to that effect, or on a direct proceeding in equity for that purpose.
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Appeal from Punldin Circuit Court.—Hon. J. L. Fort, Judge. (1)' Sheriffs in selling land under execution should divide the land, when susceptible of division, and sell only so much thereof as was necessary to pay the execution and costs, and while such failure on the part of the sheriff does not make a sale void, yet the sale will he set aside on timely motion to that effect, or on a direct proceeding in equity for that purpose. Yeamann v. Lepp, 167 Mo. 61; State ex rel. v. Elliot, 114 Mo. App. 562; Corrigan v. Schmidt, 126 Mo. 304; Cordon v. Hickman, 96 Mo. 350 ; Roser v. Georgia Loan &…
1Opinion of the CourtWoodson, J.
This suit was instituted in the circuit court of Pemiscot county by the plaintiffs, the heirs at law of Robert B. Turner, deceased, against the defendant, to set aside and have canceled a sheriff’s deed, made to William Wilks, dated September 4,1895, in pursuance to a sale had under a special execution issued on a judgment rendered for taxes due the State for the years 1890 and. 1892. The court found the *76issues for the defendant, and plaintiffs appealed the cause to this court.
Since counsel for respondent challenge the sufficiency of the allegations of the petition to state a cause of action…
Also in this document: Concurrence.
2Cases cited6 opinions
- Clark v. Covenant Mutual Life InsuranceSupreme Court of Missouri · 1873
- Mason v. BlackSupreme Court of Missouri · 1885
- Janney v. SpeddenSupreme Court of Missouri · 1866
- Davis v. Jacksonville Southeastern LineSupreme Court of Missouri · 1895
- Keane v. KyneSupreme Court of Missouri · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Schwab v. City of St. LouisSupreme Court of Missouri · 1925
- St. Joseph Lead Co. v. FuhrmeisterSupreme Court of Missouri · 1944
- Coatsworth Lumber Co. v. OwenMissouri Court of Appeals · 1915
- General American Lies Insurance v. LeavenworthSupreme Court of Missouri · 1941
- Summers v. AbernathySupreme Court of Missouri · 1911
2 more not listed; retrieve them via the Exa API.