Pomeroy v. Allen
| Decision Date | 31 May 1875 |
| Citation | Pomeroy v. Allen, 60 Mo. 530 (Mo. 1875) |
| Parties | ROBERT E. POMEROY, by next friend, etc., Respondent, v. RUFUS K. ALLEN, et al., Appellants. |
| Court | Missouri Supreme Court |
Appeal from Buchanan Circuit Court.
Hill & Carter, for Appellants.
Ben. Loan, for Respondent.
This case comes here for review upon an appeal from a judgment of the court below, setting aside the sale of a piece of land made to the defendant by the sheriff in partition.
In accordance with a decree in partition, the sheriff exposed the land for sale, and the defendant bid in the same for the sum of four hundred and five dollars. The parties to the partition suit, who were all minors but one, filed their motion to set aside the sale, because the price was inadequate, and on account of certain irregularities alleged to have taken place. After hearing evidence, the court sustained the motion.
The sale seems to have been conducted with fairness, and there was no ground for interference in that regard. There was no such inadequacy of price as would have justified a court in setting the sale aside under ordinary execution process. The defendant's bid was four hundred and five dollars, and the testimony of most of the witnesses was that the property was worth from six hundred to one thousand...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
-
Borchers v. Borchers
... ... A ... confirmation or rejection of a sale in partition is within ... the sound discretion of the trial court. Pomeroy v ... Allen, 60 Mo. 530; Patton v. Hanna, 46 Mo. 314; ... Tatum v. Bernard (Mo. App.), 49 S.W. 2d 1083. It is ... the general rule that ... ...
-
Davidson v. I. M. Davidson Real Estate & Investment Co.
...and before other interests had intervened, ought not to be interfered with, unless there was manifest abuse of such discretion. Pomeroy v. Allen, 60 Mo. 530; Goode v. Crow, 51 Mo. 212; Mitchell Jones, 50 Mo. 438; Rannels v. Washington U., 96 Mo. 226; Anderson v. Ragan, 105 Mo. 406; Wauchope......
-
Burden v. Taylor
...by the court, and the purchaser's bid accepted by the court. The approval of such sales is within the discretion of the court. Pomeroy v. Allen, 60 Mo. 530; v. Early, 28 Mo. 475; Freeman on Executions [1 Ed.], sec. 311; Freeman on Partition [1 Ed.], secs. 544, 545, 548; Buller v. Linzee, 10......
-
Clark v. Sires
...order of sale and the approval by the court of that report is required, and that, until such approval, the case is still pending. [Pomeroy v. Allen, 60 Mo. 530; Parkinson v. Caplinger, 65 Mo. 290; Murray Yates, 73 Mo. 13; Turpin v. Turpin, 88 Mo. 337; Harbison v. Sanford, 90 Mo. 477, 3 S.W.......