Legal Opinion

Carter v. Abshire

Supreme Court of Missouri

Decided August 15, 1871PublishedCited by 15 opinions

Error to Fifth District Court. J. jF. uSsper, for plaintiff in error, among various points urged, contended that the trustee did not strictly pursue his authority in the matter of notice. Putting up notices on four sides of the square was not putting them up in four public places in the city of Chillicothe. The court-house was more public, and it was usual to put notices on the door. People from all parts of the country visited there.

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Error to Fifth District Court. J. jF. uSsper, for plaintiff in error, among various points urged, contended that the trustee did not strictly pursue his authority in the matter of notice. Putting up notices on four sides of the square was not putting them up in four public places in the city of Chillicothe. The court-house was more public, and it was usual to put notices on the door. People from all parts of the country visited there. The post-office, where all the people of the town went, and the railroad station, all would have been more public, and would have better served to bring the…

1Opinion of the CourtWagner, Judge

A point is raised in reference to the action of the Circuit Court in its rulings with respect to the pleadings, but we see nothing in that regard requiring revision.

As the pleadings stood when the trial was had-, the plaintiffs were enabled to go into, and did go into, their whole case. All the evidence they had was introduced and submitted, and, had it been deemed sufficient, would have entitled them, under the issues made, to appropriate relief.

The suit was in the nature of a bill in equity, seeking to redeem certain real estate situate in Livingston county, and to set aside a sale made by…

2Cases cited2 opinions

  1. Goode v. ComfortSupreme Court of Missouri · 1866
  2. Gray v. ShawSupreme Court of Missouri · 1851

3Cited by15 opinions

  1. Sherwood v. SaxtonSupreme Court of Missouri · 1876
  2. Sav. & Loan Soc'y v. DeeringCalifornia Supreme Court · 1885
  3. Vail v. JacobsSupreme Court of Missouri · 1876
  4. Dunn v. McCoySupreme Court of Missouri · 1899
  5. Kelly v. HurtSupreme Court of Missouri · 1881

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