Dutcher v. Hill
Supreme Court of Missouri
Error to Moniteau Circuit Cowt. This was an action in the nature of an action in ejectment for the possession of certain lands in Moniteau county. The plaintiff is Charles Dutcher. The defendant claimed title by virtue of a deed executed by one Reuben Dutcher as guardian of the plaintiff. The defendant read in evidence the proceedings of the county court upon the inquisition into the sanity of the plaintiff, and the sale of the land.
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Error to Moniteau Circuit Cowt. This was an action in the nature of an action in ejectment for the possession of certain lands in Moniteau county. The plaintiff is Charles Dutcher. The defendant claimed title by virtue of a deed executed by one Reuben Dutcher as guardian of the plaintiff. The defendant read in evidence the proceedings of the county court upon the inquisition into the sanity of the plaintiff, and the sale of the land. It did not appear that Charles Dutcher had notice of the inquisition. In all other respects the proceedings were regular, and the sale was regular and bad the…
1Opinion of the CourtScott, Judge
The plaintiff was found to be a lunatic under the statute concerning insane persons. A guardian was thereupon appointed for his pei’son and estate, who, proceeding in con*273formity to law, procured an order for the sale of the real estate of the lunatic for the payment of his debts. His land was accordingly sold and conveyed by the guardian, whose proceedings were approved. This suit is brought by the lunatic to recover a portion of the land thus sold. It is an action of ejectment, and is founded on the ground that there was no notice to the lunatic of the inquisition by which he was found such.
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2Cited by18 opinions
- In re AllenSupreme Court of Vermont · 1909
- Hunt v. SearcySupreme Court of Missouri · 1902
- Coleman v. FarrarSupreme Court of Missouri · 1892
- Ex parte ScudamoreSupreme Court of Florida · 1908
- State ex rel. Nolte v. McQuillinSupreme Court of Missouri · 1912
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