Murray v. Purdy
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. Gilchrist Porter, Judge. A petition was filed, in the county court of Audrain county, asking for an order approving a sale of real estate for the payment of debts made by an administrator, and directing his successor, one of the appellants, to make a deed to the purchaser, the respondent, and setting forth the facts, stated in the opinion of the court.
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Appeal from Audrain Circuit Court. — Hon. Gilchrist Porter, Judge. A petition was filed, in the county court of Audrain county, asking for an order approving a sale of real estate for the payment of debts made by an administrator, and directing his successor, one of the appellants, to make a deed to the purchaser, the respondent, and setting forth the facts, stated in the opinion of the court. The proceedings were certified to the circuit court, on account of the interest of the judge of the probate court in the matter in controversy, and, upon the hearing of the case, the circuit court made…
1Opinion of the CourtNapton, J.
— This suit was brought upon the theory adopted by this court in McVey v. McVey, 51 Mo.406, and the only observable difference between the two cases is, that the plaintiff in this case was the purchaser, and the sale was by an administrator and the defendant is the administrator, or rather the successor of the administrator who made the original sale, and in the McVey case, the sale was by a guardian, and the réport of the sale was made at an adjourned term of the court — the sale having been ordered about a month before at the same term of the court. In the present case, the administrator…
2Cases cited9 opinions
- Branstetter v. RivesSupreme Court of Missouri · 1864
- McVey v. McVeySupreme Court of Missouri · 1873
- Valle v. FlemingSupreme Court of Missouri · 1854
- Doan v. HollySupreme Court of Missouri · 1858
- Harkness v. AustinSupreme Court of Missouri · 1865
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3Cited by4 opinions
- State v. WearSupreme Court of Missouri · 1898
- Kretsinger v. BrownCourt of Appeals for the Eighth Circuit · 1908
- Stadelman v. MinerOregon Supreme Court · 1916
- Underwood v. Underwood's Admr.Court of Appeals of Kentucky · 1901