Deck v. Wofford
Supreme Court of Missouri
Appeal from Dent Circuit Court. — Hon. L. B. Wood-side, Judge. (1) The administrator’s deed is void, because tbe order and report of sale do not describe tbe land in dispute, but other lands. Morgan v, Fitch, 125 Mo. 281; Gilmore v. Thomas, 158 S. W. 577; Wofford v. Mar- • tin, 183 S. W. 603. The sale was not made in conformity to the order of sale. It authorized a private sale to January 2, 1872, and thereafter a public sale.
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Appeal from Dent Circuit Court. — Hon. L. B. Wood-side, Judge. (1) The administrator’s deed is void, because tbe order and report of sale do not describe tbe land in dispute, but other lands. Morgan v, Fitch, 125 Mo. 281; Gilmore v. Thomas, 158 S. W. 577; Wofford v. Mar- • tin, 183 S. W. 603. The sale was not made in conformity to the order of sale. It authorized a private sale to January 2, 1872, and thereafter a public sale. The land was sold at private sale April 12, 1872. Id. (2) The widow held her quarantine and dower rights in the land notwithstanding she and her husband left the…
1Opinion of the Court
Appeal from the Circuit Court of Dent County. This is a suit in ejectment by the plaintiffs, who are the heirs of John B. Smith, deceased, against the defendants, Ella Wofford and husband, John Wofford, to recover possession, rents and profits and damages for withholding possession of a farm in said Dent County.
The answer, in addition to a general denial, claims title by adverse possession under the thirty-year and ten-year Statutes of Limitations.
The reply denied the new matter in the answer, and pleaded resadjudicata, in that the matters and things in issue had been determined in favor of…
2Cases cited6 opinions
- Gentry v. GentrySupreme Court of Missouri · 1894
- Mather v. WalshSupreme Court of Missouri · 1891
- Brawford v. WolfeSupreme Court of Missouri · 1890
- Givens v. OttSupreme Court of Missouri · 1909
- Melton v. FitchSupreme Court of Missouri · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Barker v. HayesSupreme Court of Missouri · 1941