Overton v. Johnson
Supreme Court of Missouri
Appeal from Jackson Circuit Court. It is well settled that a sale under a judgment of a court having jurisdiction of the person, and of the subject matter in controversy, carries the title, however erroneous and irregular its proceedings may be. McNair v. Biddle, 8 Mo.
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Appeal from Jackson Circuit Court. It is well settled that a sale under a judgment of a court having jurisdiction of the person, and of the subject matter in controversy, carries the title, however erroneous and irregular its proceedings may be. McNair v. Biddle, 8 Mo. Rep. 264. 9 ib. 124. Orphan’s courts, or courts having testamentary jurisdiction, by whatever name called, where they are courts of record, and tbeir proceedings subject to revision by the highest appellate tribunals, are fully within the protection of this principle ; and a proceeding of such courts in relation to the sale of…
1Opinion of the CourtGamble, Judge
This was an action for the recovery of the possession of a tract of land, in Jackson county, brought by the plaintiffs as the children of Jesse Overton, deceased, who are here respondents, against Johnson and Dittman, who are the appellants.
The case, as presented on the record, shows the title of the parties to be as follows : Jesse Overton died seized of the premises in controversy, having first made his will, whereby he directed that his debts should be paid out of his personalty, and ordered certain portions of his personal chattels to be sold, and the remainder to bo kept on the farm for…
2Cases cited1 opinion
- Frye v. KimballSupreme Court of Missouri · 1852
3Cited by17 opinions
- Welch v. FochtSupreme Court of Oklahoma · 1918
- Grayson v. WeddleSupreme Court of Missouri · 1876
- Bryan v. BauderSupreme Court of Kansas · 1879
- Robbins v. BoulwareSupreme Court of Missouri · 1905
- Rhodes v. BellSupreme Court of Missouri · 1910
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