Orrick v. Bower
Supreme Court of Missouri
Error to St. Charles Circuit Court. This was an action in the nature of an action of ejectment to recover possession of a piece of land containing one 62-100 acres. Both plaintiffs and defendants claim title under Nicholas Janis, deceased — the plaintiffs by virtue of deeds from the heirs of said Janis, and the defendants under a deed from the administrator of said Janis.
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Error to St. Charles Circuit Court. This was an action in the nature of an action of ejectment to recover possession of a piece of land containing one 62-100 acres. Both plaintiffs and defendants claim title under Nicholas Janis, deceased — the plaintiffs by virtue of deeds from the heirs of said Janis, and the defendants under a deed from the administrator of said Janis. The administrator in this deed recited an order of sale made by the county court of St. Charles county, the proceedings under this order, the report óf the administrator to the court, and the approval thereof by the court.…
1Opinion of the CourtEwing, Judge
The first point that will be noticed is whether the court below erred in admitting as evidence the report of sale made by the administrator and the plat accompanying it. It is urged first, that the report could not be admitted to limit *212the amount of land conveyed by the deed to defendants, because it is not referred to in the administrator’s depd; and second, that the plat attached to the report was improperly admitted, because it conflicts with both the report and deed.
The report of a sale of real estate made by an administrator is the foundation of the title, and its approval by the court…
2Cited by6 opinions
- Whitehead v. RaganSupreme Court of Missouri · 1891
- Hendricks v. VivionMissouri Court of Appeals · 1906
- Koch v. GordonSupreme Court of Missouri · 1910
- McKinney v. DoaneSupreme Court of Missouri · 1900
- Walker v. GarnerSupreme Court of Missouri · 1914
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