Neal v. Stone
Supreme Court of Missouri
Error to Cooper Circuit Court. This was a motion to set'aside a sheriff’s sale in partition-. The parties to the partition suit were the heirs of William Stone, deceased, only a portion of whom joined in this motion. At the hearing, it appeared that the land-sold consisted of parts of two adjoining quarter sections, comprising in all upwards of one hundred and eighty acres.
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Error to Cooper Circuit Court. This was a motion to set'aside a sheriff’s sale in partition-. The parties to the partition suit were the heirs of William Stone, deceased, only a portion of whom joined in this motion. At the hearing, it appeared that the land-sold consisted of parts of two adjoining quarter sections, comprising in all upwards of one hundred and eighty acres. It was admitted that the land was sold pursuant to the order of court to George W. Smith, on a credit of twelve months, for the price of six hundred dollars ; that the purchase money was still unpaid and no deed had been…
1Opinion of the CourtSoott, Judge
1. The objection that all the parties injuriously affected by the acts of the sheriff in conducting the sale did not unite in the motion to set it aside, should have its weight in determining this question, but cannot prevail to the extent of preventing its consideration by the courts. As this is a summary proceeding by motion to set aside the sale, it may be regarded as a step in the original cause to which all proper parties were made. Courts are impressed with a sense of the policy of sustaining judicial sales, and are aware of the evil consequences which may result from invalidating them…
2Cited by4 opinions
- Holden v. VaughanSupreme Court of Missouri · 1877
- Dover v. KennerlySupreme Court of Missouri · 1866
- Miltenberger v. MorrisonSupreme Court of Missouri · 1866
- Griffith v. JudgeSupreme Court of Missouri · 1872