Patton v. Hanna
Supreme Court of Missouri
Appeal from Fourth District Court. I. Tbe order of sale was insufficient because it was not made returnable to the next term of the Circuit Court. (See Wa-gn. Stat. 970, §§ 31, 32; id. 602, § 4.) II. The order is insufficient because it does not state whether the sale shall be made at a term of the Circuit Court or at a term of the County Court. (Wagn. Stat. 975, § 63.) IN. The statute can not be construed to authorize a sale at the same term at which the order is made.
1Opinion of the CourtBliss, Judge
The heirs of Andrew Hanna presented to the Randolph Circuit Court their petition for partition of about eighty acres of land, and obtained an order of sale under section 59 of the partition act. The order was issued and the sale made at the same term, and at the' next term a portion of the petitioners moved to set aside the sale, claiming it to have been irregular, inasmuch as it was made at an adjournment of the same term wherein the order was made, and without the knowledge of any of the parties except John F. Hanna, who bid off the property; also,, that it was sold for much less than its…
2Cited by7 opinions
- Borchers v. BorchersSupreme Court of Missouri · 1944
- Burden v. TaylorSupreme Court of Missouri · 1894
- Koester v. KoesterMissouri Court of Appeals · 1976
- Clark v. SiresSupreme Court of Missouri · 1906
- Wauchope v. McCormickSupreme Court of Missouri · 1900
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