Langham v. Darby
Supreme Court of Missouri
ERROR TO ST. LOUIS CIRCUIT COURT. A suit in partition wherein above plaintiffs in error and John O’Fallon and others were petitioners, and Martin Tayon and others defendants, was commenced in the St. Louis Circuit Court, 3rd September, 1840. • On the 26th April, 1847, an order of sale was made by the court, which was renewed on the 16th March, 1848. The sale was made on the 3rd May, 1848, the proceeds whereof were $48,619 96, and the sheriff filed his report thereof on the…
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ERROR TO ST. LOUIS CIRCUIT COURT. A suit in partition wherein above plaintiffs in error and John O’Fallon and others were petitioners, and Martin Tayon and others defendants, was commenced in the St. Louis Circuit Court, 3rd September, 1840. • On the 26th April, 1847, an order of sale was made by the court, which was renewed on the 16th March, 1848. The sale was made on the 3rd May, 1848, the proceeds whereof were $48,619 96, and the sheriff filed his report thereof on the 11th May, 1848, which was approved on that day. On the 29th April, 1848, Bailey, administrator of Angus L. Langham, filed…
1Opinion of the CourtRylahd, J.
From the above statement, the single question before this court involves the propriety of the order of the Circuit Court, directing the proceeds of the sale of the property by the sheriff' to be paid over to Darby, the administrator. Tlie commissioners reported that the land was not susceptible of partition without loss to the owners. A sale was ordered and made ; and before report of such sale by the sheriff, Darby ¿moved tlio court to have tlie money coming to tlie heirs of Langham, that is one-tenth of the amount of the sale, paid over to him, for tlie benefit of Langham’s creditors, he…
2Cited by2 opinions
- Titterington v. HookerSupreme Court of Missouri · 1875
- Metcalf v. LarnedSupreme Court of Missouri · 1867