Bopst v. Williams
Supreme Court of Missouri
Appeal from Atchison Circuit Court. — Eon. John M. Dawson, Judge. (1) The court erred in finding that the purchaser did not pay for the land at guardian’s sale. The guardian’s deed recited payment of the purchase money. Our statute makes such deed prima-facie evidence of the recitals therein contained. Kerne y v. Vaughan, 50 Mo. 286; Sec. 435, R. S. 1909; Sec. 11927, R. S. 1909; Exend in e v. Morris, 8 Mo.
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Appeal from Atchison Circuit Court. — Eon. John M. Dawson, Judge. (1) The court erred in finding that the purchaser did not pay for the land at guardian’s sale. The guardian’s deed recited payment of the purchase money. Our statute makes such deed prima-facie evidence of the recitals therein contained. Kerne y v. Vaughan, 50 Mo. 286; Sec. 435, R. S. 1909; Sec. 11927, R. S. 1909; Exend in e v. Morris, 8 Mo. App. 383. There is no evidence or circumstance that contradicts the prima-facie case above mentioned. (2) Our statute is: “nor shall the guardian or curator become the purchaser,.either…
1Opinion of the CourtJames T. Blair, J.
This is an appeal from a judgment of the Atchison Circuit Court, which holds invalid a guardian’s sale of land and cancels certain deeds.
James A. Campbell, who died in 1889, devised his lands to his four children in equal shares, except that he provided the share of Edith P. Campbell should go to her for life and at her death should go to her bodily heirs. In 1900 Edith P. Campbell married one Logan. Respondent was born of this marriage. In 1902 Edith P. Logan, nee Campbell, divorced her husband, and, in 1904, married William E. Shenk in the State of Oklahoma. Respondent is her only child.…
2Cases cited12 opinions
- Frazier v. JeakinsSupreme Court of Kansas · 1902
- Burton v. ComptonSupreme Court of Oklahoma · 1915
- Berry v. BerryIndiana Supreme Court · 1897
- In Re Administration on the Estate of BattleSupreme Court of North Carolina · 1912
- Lanning v. GaySupreme Court of Kansas · 1904
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ambruster v. AmbrusterSupreme Court of Missouri · 1930
- Earney v. ClayMissouri Court of Appeals · 1974
- Grimes v. RushSupreme Court of Missouri · 1946
- Windscheffel v. WrightSupreme Court of Kansas · 1961
- State v. HaroldSupreme Court of Missouri · 1954
5 more not listed; retrieve them via the Exa API.