Legal Opinion

Gray v. Worst

Supreme Court of Missouri

Decided June 7, 1895PublishedCited by 14 opinions

Appeal from Jasper Circuit Court. — Hon. W. M. Robinson, Judge. (1) It was proper for the plaintiff to show, by evidence aliunde, the proof of publication, that the trustee’s sale had been advertised thirty days. Allen v. DeCroodt, 105 Mo. 454. (2) The insertion of the notice of sale in the newspaper on the nineteenth day of May, and its publication in each successive issue of the paper up to the day of sale, June 18, constituted thirty days’ notice of the sale.

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Appeal from Jasper Circuit Court. — Hon. W. M. Robinson, Judge. (1) It was proper for the plaintiff to show, by evidence aliunde, the proof of publication, that the trustee’s sale had been advertised thirty days. Allen v. DeCroodt, 105 Mo. 454. (2) The insertion of the notice of sale in the newspaper on the nineteenth day of May, and its publication in each successive issue of the paper up to the day of sale, June 18, constituted thirty days’ notice of the sale. In computing time in cases of this character, the rule is to include the first day and exclude the last, or vice versa. Littleton v.…

1Opinion of the CourtBarclay, J.

We adopt substantially the statements of the plaintiff in this court as giving a fair outline of the controversy.

The action was instituted in the circuit court of Jasper county, August 16, 1892.

The plaintiff, in his petition, claimed that in. June, 1892, he was the owner of certain land in said county; and also the owner of twenty-seven acres of wheat, twenty acres of oats, and thirty-three acres of corn and potatoes, standing and growing upon said premises; and that afterward the defendant wrongfully took said crops and severed the same from said land and converted them to his own use, to…

2Cases cited5 opinions

  1. Henslee v. CannefaxSupreme Court of Missouri · 1872
  2. Cruzen v. StephensSupreme Court of Missouri · 1894
  3. German Bank v. StumpfSupreme Court of Missouri · 1880
  4. White v. MalcolmCourt of Appeals of Maryland · 1860
  5. Hahn v. DierkesSupreme Court of Missouri · 1866

3Cited by14 opinions

  1. Price v. BlankenshipSupreme Court of Missouri · 1898
  2. Barber Asphalt Paving Co. v. HezelSupreme Court of Missouri · 1897
  3. Fischer v. JohnsonSupreme Court of Missouri · 1897
  4. Hoffman v. BighamSupreme Court of Missouri · 1930
  5. Cardinal Glennon Memorial Hospital Coffee Shop v. Director of RevenueMissouri Court of Appeals · 1981

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