Phillips v. Stewart
Supreme Court of Missouri
Appeal from, Pemiscot Circuit Court. I. Where land is sold at auction at 10 cents an acre, the fair value being 25 cents an acre, the sale is not invalid for inadequacy of consideration. (50 Ills., 455 ; Duncan vs. Saunders, 43 Mo., 297 ; Brown vs. Hann. & St. Jo. R. R., 48 Mo., 495 ; Cadwallader vs. West, 48 Mo., 483; 1 Strong Eq., 11th ed., sec. 244 note.)
1Opinion of the CourtWagner, Judge
The plaintiffs filed their petition in the nature of a bill in equity to set aside a conveyance made by Case, as executor of Robert Stewart, deceased. It was alleged that the testator Stewart was seized at bis death of a large body of land and of personal property nearly sufficient to satisfy bis debts; and that by liis will he directed bis debts to be paid out of bis real estate, after exhausting his personal property ; that Case, the executor of the will, fraudulently combined with the other defendants to sell six thousand acres of land, the property of the estate, for the purpose of…
2Cases cited2 opinions
- Hannibal & St. Joseph Railroad v. BrownSupreme Court of Missouri · 1869
- Erwin v. ParhamSupreme Court of the United States · 1852
3Cited by18 opinions
- Bussen Realty Co. v. BensonSupreme Court of Missouri · 1942
- Hardwicke v. HamiltonSupreme Court of Missouri · 1894
- Charles Green Real Estate Co. v. St. Louis Mutual House Building Co. No. 3Supreme Court of Missouri · 1906
- Harlin v. NationSupreme Court of Missouri · 1894
- Nelson v. BettsMissouri Court of Appeals · 1886
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