Keyte v. Plemmons
Supreme Court of Missouri
En'or to Carroll Circuit Court. I. Inasmuch as the lands are situate in Carroll county and this is an original suit affecting the title to the lands on account of fraud in the sale, no other court has original jurisdiction of the subject of this suit.
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En'or to Carroll Circuit Court. I. Inasmuch as the lands are situate in Carroll county and this is an original suit affecting the title to the lands on account of fraud in the sale, no other court has original jurisdiction of the subject of this suit. (R. C. 1855, p. -, art. 4, § 3.) I. The circuit court of Carroll county had no jurisdiction of the action because the sale which is attacked by the petition was made under and by virtue of a process or order emanating from the circuit court of Clinton county. The. latter court had the sole control of all proceedings under its order. (See…
1Opinion of the CourtSoott, Judge
By virtue of a judgment in partition rendered by the Chariton circuit, court in May, 1855, land belonging to the estate of Jas. Keyte, deceased, lying”in Carroll county, was sold by the sheriff of that county. At the sale the ancestor of the defendants became the purchaser at a greatly reduced price in consequence as it is alleged of the fraudulent misrepresentations made by him. This suit was brought in the Carroll circuit court by the heirs of Keyte against the heirs *105of the purchaser to set aside the sale for the alleged fraud. The court below sustained a demurrer to the petition on the…
2Cases cited2 opinions
- Pettus v. ElginSupreme Court of Missouri · 1848
- McDonald v. TiemannSupreme Court of Missouri · 1853
3Cited by9 opinions
- Castleman v. CastlemanSupreme Court of Missouri · 1904
- Sisk v. MolinaroSupreme Court of Missouri · 1964
- State ex rel. Gavin v. MuenchSupreme Court of Missouri · 1910
- State ex rel. Marrs v. WessellSupreme Court of Missouri · 1911
- State ex rel. Hunt v. GrimmSupreme Court of Missouri · 1912
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