Legal Opinion

Thorp v. Miller

Supreme Court of Missouri

Decided February 2, 1897PublishedCited by 14 opinions

Appeal from Gass Circuit Court. — Hon. W. W. Wood, Judge. (1) The petition states good grounds for setting aside and vacating the sheriff’s sale under execution. McKee v. Logan, 82 Mo. 528; Cole County v. Madden, 91 Mo. 592; Keiser v. Gammon, 95 Mo. 217. (2) This proceeding is, by the terms of the statute, to be conducted in the same manner and with like effect as though it were a judgment and execution in a foreclosure proceeding in the circuit court.

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Appeal from Gass Circuit Court. — Hon. W. W. Wood, Judge. (1) The petition states good grounds for setting aside and vacating the sheriff’s sale under execution. McKee v. Logan, 82 Mo. 528; Cole County v. Madden, 91 Mo. 592; Keiser v. Gammon, 95 Mo. 217. (2) This proceeding is, by the terms of the statute, to be conducted in the same manner and with like effect as though it were a judgment and execution in a foreclosure proceeding in the circuit court. R. S. 1889, sec. 8059. (3) Ever since the enactment of the revised code of procedure in 1845, the personal representative of a deceased…

1Opinion of the CourtShekwood, J.

Action by plaintiff as administrator of the estate of Cornelius Vancamp to set aside the sale of certain real estate.

The petition is as follows:

“Plaintiff states that he was heretofore duly appointed, and, at the times hereinafter mentioned, was the legally acting administrator of the estate of Cornelius Vancamp, deceased, late of Cass county, Missouri. That at his death the said Cornelius Vancamp was the owner in fee of the following described real estate situated in said county and state, to wit: The west half of the northwest quarter of section (15) fifteen, township (44) forty-four, of…

2Cases cited4 opinions

  1. Nofsinger v. HartnettSupreme Court of Missouri · 1884
  2. Spears v. BondSupreme Court of Missouri · 1883
  3. Sturgeon v. SchaumburgSupreme Court of Missouri · 1867
  4. Aubuchon v. LorySupreme Court of Missouri · 1856

3Cited by14 opinions

  1. In Re the Trust Under the Last Will & Testament of JacksonMissouri Court of Appeals · 1956
  2. Mallinckrodt Chemical Works v. NemnichSupreme Court of Missouri · 1902
  3. Love v. WhiteSupreme Court of Missouri · 1941
  4. Hall v. Farmers & Merchants' BankSupreme Court of Missouri · 1898
  5. Crigler v. FrameMissouri Court of Appeals · 1982

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