Throckmorton v. Pence
Supreme Court of Missouri
Appeal from Platte Circuit Cowrt. — Hon. James M. Sandusky, Judge. (1) A purchaser at an administrator’s sale buys at bis peril. If be obtains no title, because tbe deceased bad no title, be loses bis money. It is only where tbe ■deceased bad a title to tbe property purchased, and tbe purchaser fails to obtain it by reason of some omission ■or irregularity in tbe proceedings, and has paid tbe purchase price, that be is entitled to an accounting.
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Appeal from Platte Circuit Cowrt. — Hon. James M. Sandusky, Judge. (1) A purchaser at an administrator’s sale buys at bis peril. If be obtains no title, because tbe deceased bad no title, be loses bis money. It is only where tbe ■deceased bad a title to tbe property purchased, and tbe purchaser fails to obtain it by reason of some omission ■or irregularity in tbe proceedings, and has paid tbe purchase price, that be is entitled to an accounting. Tiedeman on Sales, p.452, note 4; Bartlett v. Glasscock, 4 Mo. 70; Cushion v. Faina, 47 Mo. 133; Estes v. Alexander, 90 Mo. 453. (2) Tbe interest in…
1Opinion of the CourtBurgess, J.
Ejectment for fifty-eight and twenty-two hundredths acres of land off the west side of the southeast fractional quarter of section 29, township 34, range 35, in Platte county. The petition is in the usual form. The answer, aside from being a general denial, alleges that defendant is the owner' of the land sued for, having' bought the same for value from one George Gabbert, who bought it at a sale by the administrator of the estate of James ~W. Eeese, deceased, and that the purchase money paid by Gabbert for said land, amounting to $1,280.84, was applied to the payment of the debts of the…
2Cases cited24 opinions
- Vallé's Heirs v. Fleming's HeirsSupreme Court of Missouri · 1859
- Noble v. BlountSupreme Court of Missouri · 1883
- Alsup & Thompson v. JordanTexas Supreme Court · 1887
- Bales v. PerrySupreme Court of Missouri · 1873
- Shroyer v. NickellSupreme Court of Missouri · 1874
19 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Grafeman Dairy Co. v. Northwestern BankSupreme Court of Missouri · 1921
- Lindell Real Estate Co. v. LindellSupreme Court of Missouri · 1897
- Cockrill v. HutchinsonSupreme Court of Missouri · 1896
- Gray v. ClementSupreme Court of Missouri · 1922
- Crigler v. FrameMissouri Court of Appeals · 1982
24 more not listed; retrieve them via the Exa API.