Stevenson v. Saline County
Supreme Court of Missouri
Appeal from, Saline Circuit Court.—Hon. William T. Wood, Judge. I. The county of Saline could not become the purchaser of the land at the sale by the sheriff under the mortgage, and hence said sale was a mere nullity and the rights of the parties were not altered thereby. It was the same as if no sale had been made. Bay County v. Bently, 49 Mo. 236. II.
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Appeal from, Saline Circuit Court.—Hon. William T. Wood, Judge. I. The county of Saline could not become the purchaser of the land at the sale by the sheriff under the mortgage, and hence said sale was a mere nullity and the rights of the parties were not altered thereby. It was the same as if no sale had been made. Bay County v. Bently, 49 Mo. 236. II. There never having been a legal foreclosure of the mortgage, the sale by the county transferred to Van Meter the rights of the beneficiary, the county, and did not affect the plaintiff's equity of redemption. Johnson v. Houston, 47 Mo. 227.…
1Opinion of the CourtSherwood, C. J.
The motion for a new trial has not been incorporated in the bill of exceptions, and, though contained in the transcript, cannot be noticed. (Pacific R. R. Co. v. Opel, decided at last term; Collins v. Barding, infra p. 496.) But could this preliminary impediment be overcome, it would avail the plaintiff nothing, and this, because: His suit is to redeem lands sold under what is termed colloquially a “ school mortgage,” which was made to Saline county in August, 1860, to secure a bond due in December of that year. In May, 1864, the land was, under an order of the county court, sold, and a deed…
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3Cited by13 opinions
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