Jones v. Bragg
Supreme Court of Missouri
Error to Holt Circuit Court. I. The court below erred in overruling the plaintiff’s motion to strike out. The rights of the parties hereto affected by the sale of the administrator under order of court is governed by § 3 8, p. 142, R. C. 1855, and not under § 10, p. 143. Now, what right does the statute say shall be sold of property encumbered by deed of intestate ? The statute says that all the right, title and interest of the decedent in the land shall be sold; and the…
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Error to Holt Circuit Court. I. The court below erred in overruling the plaintiff’s motion to strike out. The rights of the parties hereto affected by the sale of the administrator under order of court is governed by § 3 8, p. 142, R. C. 1855, and not under § 10, p. 143. Now, what right does the statute say shall be sold of property encumbered by deed of intestate ? The statute says that all the right, title and interest of the decedent in the land shall be sold; and the administrator followed the law. IX. The decedent had the right to redeem by paying the mortgage debt, and that right could…
1Opinion of the Court
Bates, Judge,
delivered the opinion of the court.'
Garth sold William H. Jones a tract of land in Holt county. Jones paid a part of the purchase money and gave to Garth a mortgage of the land to secure the payment of the remainder — in which mortgage his wife, the plaintiff, joined, relinquishing dower. Jones died, leaving a portion of the purchase money, which was secured by the mortgage, unpaid. His administrator, under an order of sale made by the County Court, sold the land to the defendant for a full price. At the sale by the-administrator, he announced that he would sell the fee simple,…
2Cases cited1 opinion
- Vallé's Heirs v. Fleming's HeirsSupreme Court of Missouri · 1859
3Cited by7 opinions
- McMahon v. RussellSupreme Court of Florida · 1880
- Atkinson v. StewartSupreme Court of Missouri · 1870
- Hoy v. VarnerSupreme Court of Virginia · 1902
- Holt v. HanleySupreme Court of Missouri · 1912
- Sweaney v. MallorySupreme Court of Missouri · 1876
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