Bryant v. Duffy
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Hon. C. A. Anthony, Judge. (1) Even had the title been clear, the court should not set the sale aside on account of the mere inadequacy of consideration — since the sale was fair, open and free' from all suspicion of any fraud, combination, accident or mistake. Parlcer v. Bailroad, 44 Mo. 415; Phillips v. Stewart, 59 Mo. 491; Burfee v. Mor am, 57 Mo. 374; Brown v. Kirie, 20 Mo.
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Appeal from Nodaway Circuit Court. — Hon. C. A. Anthony, Judge. (1) Even had the title been clear, the court should not set the sale aside on account of the mere inadequacy of consideration — since the sale was fair, open and free' from all suspicion of any fraud, combination, accident or mistake. Parlcer v. Bailroad, 44 Mo. 415; Phillips v. Stewart, 59 Mo. 491; Burfee v. Mor am, 57 Mo. 374; Brown v. Kirie, 20 Mo. App. 524; Brown v. Bailroad, 43 Mo. 294. (2) “The failure of the sheriff to give notice of the levy to the actual tenant ten days before the return day of the writ, and state the…
1Opinion of the Court
Maoeablane, J. —
This suit is in equity to set aside a sheriff’s sale and deed under execution, by which eighty acres of the land of plaintiff was sold and conveyed to defendant.
*20The judgment was in an attachment suit in favor of' one J. W. Cook, and against plaintiff and one Thomas Bryant for $18.65 and costs. Defendant Duffy was the attorney for Cook in said suit. There was no personal service of process on plaintiff, but, being a nonresident of the state, the service was by publication. The proceedings were regular up to and including the issuance of the writ of attachment, and placing it in…
2Cases cited6 opinions
- Gates v. TustenSupreme Court of Missouri · 1886
- Norvell v. PorterSupreme Court of Missouri · 1876
- Lackey v. SeibertSupreme Court of Missouri · 1856
- Cabeen v. DouglassSupreme Court of Missouri · 1823
- Stanton v. BoschertSupreme Court of Missouri · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lubrication Engineers, Inc. v. ParkinsonMissouri Court of Appeals · 1961
- Walker v. HuddlestonMissouri Court of Appeals · 1953
- Ames v. ParrottNebraska Supreme Court · 1901
- State ex rel. Froidl v. TillmanMissouri Court of Appeals · 1983
- Workman v. AndersonSupreme Court of Missouri · 1957
2 more not listed; retrieve them via the Exa API.