Stephens v. Ells
Supreme Court of Missouri
Appeal from Cooper Circuit Court.—Hon. Q-eorge W. Miller, Judge. This suit was instituted by the appellant to recover of the respondent, Daniel B. Ells, his proportionate part of certain taxes paid by the appellant, which were assessed against them and one C. C. Ells, jointly, as the owners of certain real estate.
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Appeal from Cooper Circuit Court.—Hon. Q-eorge W. Miller, Judge. This suit was instituted by the appellant to recover of the respondent, Daniel B. Ells, his proportionate part of certain taxes paid by the appellant, which were assessed against them and one C. C. Ells, jointly, as the owners of certain real estate. The case was tried upon an agreed statement of facts, substantially as follows: In the year 1873, and prior and subsequent thereto, the plaintiff', defendant and one C. C. Ells were the owners, as tenants in common, of certain real estate in the city of Boonville, of which the…
1Opinion of the CourtNapton, J.
The only question in this case, relates to the effect of a purchase, at a partition sale of land under a decree of court, when the buyer is one of the part owners. There is no doubt that partition sales, like other judicial sales, carry no warranty with them, and that the maxim of caoeat emptor applies to the purchaser. This was decided in Owsley v. Smith (14 Mo. 153), and subsequently in Schwartz v. Dryden (25 Mo. 572), and in Matlock v. Bigby (34 Mo. 354); and in 1870, in the case of Cashion v. Faina, (47 Mo. 133), Judge Wagner says: “The simple question, then, presented, arises upon the…
2Cases cited6 opinions
- The Monte AllegreSupreme Court of the United States · 1824
- Owsley v. Heirs of SmithSupreme Court of Missouri · 1851
- Cashion v. FainaSupreme Court of Missouri · 1870
- Jones v. StantonSupreme Court of Missouri · 1848
- Schwartz v. DrydenSupreme Court of Missouri · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Smoot v. JuddSupreme Court of Missouri · 1901
- Becker v. BeckerSupreme Court of Missouri · 1914
- Shannon v. MastinMissouri Court of Appeals · 1908
- Chilton v. HarrisMissouri Court of Appeals · 1914
- In Re Robert K. Minto v. Dorothy H. MintoMissouri Court of Appeals · 1949