Brant v. Robertson
Supreme Court of Missouri
Error to St. Louis Circuit Court. The o pinion of the court contains a sufficient statement of the facts. I. Robertson, at the time of the sale by the sheriff, being in possession of the premises under a contract of sale, had a legal interest therein, saleable on execution. Rev. Code of 1845, sections 2 and 66 of ch. 61, p. 475, 488. Benton v. Mullanply’sl&xx. 8 Mo.
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Error to St. Louis Circuit Court. The o pinion of the court contains a sufficient statement of the facts. I. Robertson, at the time of the sale by the sheriff, being in possession of the premises under a contract of sale, had a legal interest therein, saleable on execution. Rev. Code of 1845, sections 2 and 66 of ch. 61, p. 475, 488. Benton v. Mullanply’sl&xx. 8 Mo. R. 650. Such an..interest is saleable on execution, even in those states in which a merely equitable estate cannot be sold by the sheriff. Jackson v. Parker, 9 Com. 73. Jackson v. Scott, 18 Johns. 94. Amere equitable estate not…
1Opinion of the CourtG-amble, Judge
Robertson was the owner of a lot in St. Louis, which was subject to an incumbrance, to secure to John Ford the payment of notes which Robertson had given to Ford for the purchase money of the lot, Robertson having bought the lot from Ford. The purchase money having become payable and Robertson having failed to pay, Ford caused the property to be advertised for sale under his deed of trust. On the 8th February, 1848, Robertson, being unable to pay the money, made an arrangement with the defendant Brant for the payment of the debt to Ford. As the transaction between Robertson and Brant is in a…
2Cited by28 opinions
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- O'Briant v. . LeeSupreme Court of North Carolina · 1939
- Slowey v. McMurraySupreme Court of Missouri · 1858
- McIlvaine v. SmithSupreme Court of Missouri · 1867
- Hammond v. JohnstonSupreme Court of Missouri · 1887
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