Jackson v. Johnson
Supreme Court of Missouri
Appeal from New Madrid Circuit Court. — Eon. Eenry G. Riley, Judge. (1) No notice of the application to sell the real estate was personally served on the heirs of Lot Fletcher, each and all of whom were residents of New Madrid county. The statute requires personal service of such notice; it is a necessary prerequisite; and in the absence of such notice to the heirs, as in this case, the probate court is without authority or jurisdiction to order a sale.
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Appeal from New Madrid Circuit Court. — Eon. Eenry G. Riley, Judge. (1) No notice of the application to sell the real estate was personally served on the heirs of Lot Fletcher, each and all of whom were residents of New Madrid county. The statute requires personal service of such notice; it is a necessary prerequisite; and in the absence of such notice to the heirs, as in this case, the probate court is without authority or jurisdiction to order a sale. Sec. 152, R. S. 1909; Valle v. Fleming, 19 Mo. 754; Young v. Downey, 145 Mo. 250. (2) Another bad feature of the so-called administrator’s…
1Opinion of the Court
BROWN, C.
One Lot Fletcher, who is the common source of title of the parties to this suit, was, up to the time of his death, a resident of New Madrid county. In December, 1891, he purchased from W. R. Beardsley, a resident of Morley, Scott county, Missouri, for the sum of one thousand dollars, the four hundred acres of land which is the subject of this suit, together with another tract of forty-eight acres. Of the purchase money he paid in cash three hundred dollars, and made two promissory notes to Beardsley, each for the sum of three hundred and fifty dollars, with interest at the rate of…
2Cases cited10 opinions
- Kelly v. JacksonSupreme Court of the United States · 1832
- White v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1907
- Sweeny v. EasterSupreme Court of the United States · 1864
- Hendricks v. CallowaySupreme Court of Missouri · 1908
- Stone v. PerkinsSupreme Court of Missouri · 1909
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3Cited by10 opinions
- Manard v. WilliamsMissouri Court of Appeals · 1997
- Tipton v. HoltMissouri Court of Appeals · 1981
- Williams v. KimesSupreme Court of Missouri · 1999
- Graham v. OliverMissouri Court of Appeals · 1983
- Mississippi County v. ByrdSupreme Court of Missouri · 1928
5 more not listed; retrieve them via the Exa API.