Legal Opinion

Gunby v. Brown

Supreme Court of Missouri

Decided April 15, 1885PublishedCited by 9 opinions

Appeal from Grundy Circuit Court.— Hon. Gf. ,D. Burgess, Judge. (1) Injunction will lie to prevent cloud on title. Mechanics Bank n. The City of Kansas, 73 Mo. 556-9, and authorities cited; Harrison v. Utterback, 57 Mo, 519, and authorities; Yogler v. Montgomery, 54 Mo. 579. (2) The execution and sale made under judgment in the circuit court was valid and conveyed south half of lando, Speer v. Sample, 4 Watts (Pa.) 367; Heard v. Sack, 81 Mo. 610; Union Bank r.

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Appeal from Grundy Circuit Court.— Hon. Gf. ,D. Burgess, Judge. (1) Injunction will lie to prevent cloud on title. Mechanics Bank n. The City of Kansas, 73 Mo. 556-9, and authorities cited; Harrison v. Utterback, 57 Mo, 519, and authorities; Yogler v. Montgomery, 54 Mo. 579. (2) The execution and sale made under judgment in the circuit court was valid and conveyed south half of lando, Speer v. Sample, 4 Watts (Pa.) 367; Heard v. Sack, 81 Mo. 610; Union Bank r. Me Wharter, 52 Mo. 34; Coleman v. McNulty, W Mo. 173 ; Lewis v. Coombs, 60 Mo. 44. (3) The deed made upon execution sale from county…

1Opinion of the CourtBlack, J.

— A temporary injunction was awarded in' this case, restraining the defendant, public administrator of Caldwell" county, from selling the land in question for the payment of a debt of the estate of Samuel Rogers, deceased. On final hearing the inj unction was dissolved. Rogers owned the half section of land now in question. He joined the confederate army in 1861, and died in Arkansas December 23, 1862. His death was not known in Caldwell county, the place of his resi*256deuce, until after the sheriff’s sale next mentioned. A judgment was rendered in the county court of that county in May, 1863,…

Also in this document: Dissent.

2Cases cited9 opinions

  1. Brown v. WoodySupreme Court of Missouri · 1877
  2. Estate of CrosbyCalifornia Supreme Court · 1880
  3. Jackson v. MagruderSupreme Court of Missouri · 1872
  4. McCrary v. TaskerSupreme Court of Iowa · 1875
  5. Wolf v. OgdenIllinois Supreme Court · 1872

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3Cited by9 opinions

  1. Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928
  2. Murphy v. DeFranceSupreme Court of Missouri · 1891
  3. Macey v. StarkSupreme Court of Missouri · 1893
  4. Howell v. JumpSupreme Court of Missouri · 1897
  5. Estate of Thomson v. ThomsonSupreme Court of Missouri · 1952

4 more not listed; retrieve them via the Exa API.

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