Greene v. Holt
| Decision Date | 31 October 1882 |
| Parties | GREENE, Plaintiff in Error, v. HOLT. |
| Court | Missouri Supreme Court |
Error to Lawrence Circuit Court.--HON. JOSEPH CRAVENS, Judge.
REVERSED.
This was an action of ejectment to recover the west half of lot No. 2 of the northwest fractional quarter of section 1, township 26, range 25, and the northwest quarter, southwest quarter section 36, township 27, range 25, in Lawrence county. Plaintiff claimed as only son and heir of John A. Greene, who died in the year 1854, seized of these lands. On the 19th day of January, 1855, Wm. Greene and Cynthia Greene, widow of the deceased, qualified as administrators of the estate. On the 9th day of May, 1855, a petition running in their joint names as administrators, but signed by Wm. Greene alone, was presented to the probate court of Lawrence county, asking leave to sell, for the payment of debts, the west half lot No. 1, northwest fractional quarter section 1, township 26, range 25, and northwest quarter, southwest quarter section 36, township 27, range 25. On the 6th day of August following the court ordered that the “administrators or any one of them,” sell the real estate “described in the petition of said administrators,” at private sale. On the 8th day of November following Wm. Greene made report that he had sold to Cynthia Greene at private sale the west half lot No. 2, northwest fractional quarter section 1, township 26, range 25, and the northwest quarter, southwest quarter section 36, township 27, range 25. On the same day the report was approved, the order of approval referring to the report and designating the land as “the real estate of said John A. Greene,” but not particularly describing it. Thereupon Wm. Greene, as administrator, executed a deed to Cynthia Greene, describing the land as in the report, viz: the west half of lot No. 2, etc., the proper description, and not as in the petition, the west half of lot No. 1, etc. Defendant claimed through mesne conveyances under this sale.
The foregoing facts appeared in evidence; and it also appeared that Cynthia Greene, after qualifying as administratrix, received certain personal property on account of her dower, for which she gave to Wm. Greene a receipt in which she styled him “my co-administrator of the estate of John A. Greene, deceased,” that up to the date of the report of sale she was named and treated in the orders of the probate court as one of the administrators, and that after that time Wm. Greene was treated as sole administrator, and as such made all the settlements both annual and final.
It also appeared that the defendant, and those under whom she claimed, had made improvements and paid taxes on the land, and for these defendant asked re-imbursement in case the court should find she had no title to the land. There was a verdict and judgment for defendant, and plaintiff sued out this writ of error.
N. Gibbs for plaintiff in error.
J. C. Cravens for defendant in error.
There can be no question of the plaintiff's right to recover a portion of the land sued for, to-wit: the west half of lot No. 2 of the northwest fractional quarter of section 1, township 26, range 25, since this land, though described in the deed and in the report of sale, is not described in the petition, nor in the order approving the sale, nor in the order of sale; the only allusion in the latter order to the real estate being this: “that the administrators, or any one of them, be ordered and authorized to sell said real estate of said deceased, which is described in the petition of said administrators heretofore filed.” We have ruled that where the proceedings show no order authorizing the sale, Evans v. Snyder, 64 Mo. 516. This being true, it must needs follow as a logical sequence that where a portion of the land actually sold is not described in the petition at all, and the order of sale only authorizes the sale of such lands as “is...
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Carey v. West
... ... West et al Supreme Court of Missouri, Second Division May 11, 1897 ... Appeal ... from Greene Circuit Court. -- Hon. James T. Neville, Judge ... ... Reversed in part; affirmed in part ... Geo ... publication, and no order of sale of the lands reported sold ... Evans v. Snyder, 64 Mo. 516; Greene v ... Holt, 76 Mo. 677, loc. cit. 679; Henry v ... McKerlie, 78 Mo. 416. And the deed was a nullity, being ... made by a co-administrator to a ... ...
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Henry v. McKerlie
...that outside of the deed the defendant had an equity in the facts pleaded by him, which ought to be disposed of on its merits. Greene v. Holt, 76 Mo. 677, opinion by Judge SHERWOOD, in 1882. In this case it appeared that the land described in the administrator's deed was not included in the......
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Frye v. Levy
...has not only by the statute directed what shall be done, but has also declared what consequence shall follow disobedience”); Greene v. Holt, 76 Mo. 677, 680 (1882) (“Negative words are imperative.”) (citing Sedgwick, at 316, 320, and 325). On the other hand, if a statute imposes an obligati......
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Melton v. Fitch
...27, township 30, range 20, hence the sale and deed for that forty acres is void for that reason. Evans v. Snyder, 64 Mo. 516; Greene v. Holt, 76 Mo. 677. (6) The notice of sale by the administrator, according to record, was published, first June 20, 1864, and last July 4, 1864; the publishe......