Shields v. Powers
Supreme Court of Missouri
Error to Benton Circuit Cowrt. The facts of this case, so far as it is necessary to set them ■ forth, are briefly as follows: In 1841 one Jonas Heath sold the land in controversy to one Peter Ashley. Ashley did not pay the whole of the purchase money. Both Heath and Ashley died. Heath’s administrator brought suit against Ashley’s administrator to recover the balance of the purchase money. He recovered judgment.
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Error to Benton Circuit Cowrt. The facts of this case, so far as it is necessary to set them ■ forth, are briefly as follows: In 1841 one Jonas Heath sold the land in controversy to one Peter Ashley. Ashley did not pay the whole of the purchase money. Both Heath and Ashley died. Heath’s administrator brought suit against Ashley’s administrator to recover the balance of the purchase money. He recovered judgment. He then filed a bill in chancery against Ashley’s administrator and- his minor heirs . to subject the land to the payment of the purchase money. A guardian ad litem was appointed for…
1Opinion of the CourtScott, Judge
This record presents a case of great hardship on the infants whose lands have been sacrificed under an erroneous decree; but when we see that they are not to be benefitted by the result of this suit, whatever it may be, our regret at the want of conformity to law in the proceedings by which they were deprived of their inheritance is much diminished, as their rights, whatever they were, have all, by process of law, been conveyed to opposing claimants, those claiming against the erroneous or invalid proceedings being purchasers for an inconsiderable sum at an administrator’s sale made for the…
2Cases cited2 opinions
- Ruby v. StrotherSupreme Court of Missouri · 1848
- Creath v. SmithSupreme Court of Missouri · 1854
3Cited by8 opinions
- Fithian v. MonksSupreme Court of Missouri · 1869
- Castleman v. RelfeSupreme Court of Missouri · 1872
- Sidwell v. KasterSupreme Court of Missouri · 1921
- Keith v. KeithMissouri Court of Appeals · 1980
- Norton v. QuimbySupreme Court of Missouri · 1870
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