Legal Opinion

Highley v. Barron

Supreme Court of Missouri

Decided October 15, 1871PublishedCited by 9 opinions

Error to Washington Circuit Court. I. The approval of the sale of Highley to Scott by the County Court of Washington county, taking place at the same term during which said sale was made, was invalid. (Sess. Apts 1855, p. 447 ; Strouse v. Drennan et at., 41 Mo. 289; Speck v. Wohlien, 22 Mo. 310; Mitchell v. Bliss, 47 Mo. 353.) II. The doctrine of ratification or confirmation of sales made during infancy, by act of the party after majority, has no application here.

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Error to Washington Circuit Court. I. The approval of the sale of Highley to Scott by the County Court of Washington county, taking place at the same term during which said sale was made, was invalid. (Sess. Apts 1855, p. 447 ; Strouse v. Drennan et at., 41 Mo. 289; Speck v. Wohlien, 22 Mo. 310; Mitchell v. Bliss, 47 Mo. 353.) II. The doctrine of ratification or confirmation of sales made during infancy, by act of the party after majority, has no application here. That doctrine applies only in cases of deeds in which infants are parties and vendors. The deed in this case, to which defendant…

1Opinion of the CourtWagner, Judge

This was an action of ejectment brought by the plaintiffs to recover a lot of ground in the town of Irondale, in Washington county. The trial was before the court without the intervention of a jury, and a judgment was rendered for the defendant. The lot is a part of a larger tract sold by John Highley as father of his children, who are plaintiffs in this action, to one "John G-. Scott; and from the latter, as purchaser thereof, the defendant derives title. The sale was made by the father in pursuance of an act of the Legislature entitled “ An act for the benefit of the minor children of John…

2Cases cited3 opinions

  1. Kerr v. BellSupreme Court of Missouri · 1869
  2. Ferguson v. Bell's AdministratorSupreme Court of Missouri · 1852
  3. Ward v. Steamboat Little RedSupreme Court of Missouri · 1844

3Cited by9 opinions

  1. Craig v. Van BebberSupreme Court of Missouri · 1890
  2. Tennent v. Union Central Life InsuranceMissouri Court of Appeals · 1908
  3. Baker v. KennettSupreme Court of Missouri · 1873
  4. Huth v. Carondelet Marine Railway & Dock Co.Supreme Court of Missouri · 1874
  5. Spencer v. Lyman Falls Power Co.Supreme Court of Vermont · 1938

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