Foley v. Boulware
Missouri Court of Appeals
Appeal from Clark Circuit Court. — Hon. E. 3. McKee, .Judge. (1) Thé rule of caveat emptor applies at judicial and administrator sales. Hensley v. Baker, 10 Mo. 157; Throckmorton v. Pence, 121 Mo. 50; Ramney v. Meisenheimer, 61 Mo.
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Appeal from Clark Circuit Court. — Hon. E. 3. McKee, .Judge. (1) Thé rule of caveat emptor applies at judicial and administrator sales. Hensley v. Baker, 10 Mo. 157; Throckmorton v. Pence, 121 Mo. 50; Ramney v. Meisenheimer, 61 Mo. App. 434. (2) The public sale made by the administratrix was a sufficient sale to bind the purchaser, Boulware, under the statute of frauds, as the law will presume she did her duty and made a memorandum of the same, and especially when the agreed statement of facts is silent with this respect. White v. Watkins, 23 Mo. 423; Springer v. Elein, 83 Mo. 152; Stewart v.…
1Opinion of the CourtGoode, J.
The appellant, who is the widow of James Eoley, deceased, seeks to have dower assigned to her in sixty acres of land, whereof he died seized. This land was sold under an order of the probate court of Clark county, in which the estate was administered to pay Eoley’s debts, and was bought by the defendant. The widow was administratrix. The defense to the action is that she is estopped to maintain it, because she sold the land as administratrix, without giving notice of or asserting her claim to dower, and as the answer states; “at said sale assured the defendant that she was conveying him a…
2Cases cited12 opinions
- Blodgett v. PerrySupreme Court of Missouri · 1888
- Taylor v. ZeppSupreme Court of Missouri · 1851
- Acton v. DooleySupreme Court of Missouri · 1881
- Galbreath v. NewtonMissouri Court of Appeals · 1887
- Missouri Historical Society v. Academy of ScienceSupreme Court of Missouri · 1887
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3Cited by2 opinions
- Wyatt v. WilhiteMissouri Court of Appeals · 1916
- Stromme v. RieckSupreme Court of Minnesota · 1909