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72 Mo. 568

Snider v. Coleman

Supreme Court of Missouri

Decided October 15, 1880

Supreme Court of Missouri · decided 1880-10-15

— Hon. R. P. Owen, Judge. This was an action of ejectment brought by plaintiffs as heirs at law of Samuel C. Snider, deceased. Defendant, by way of equitable defense, alleged in his answer that the land in controversy had been sold by the administrator of the said Samuel 0.

Relies on Pomeroy v. Benton · Long v. Joplin Mining & Smelting Co.

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1880-10-15

How this case has been cited

Cited by 4 later decisions — most recently October 1922

4 state decisions

2018801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Sherwood, C. J.

¶1Any discussion on the point of the *570legal sufficiency of the administrator’s deed, will not affect the conclusion which should he reached. If plaintiffs were the heirs at law of him under whom they claim, it is sufficient to observe that the land was sold for the debts of their alleged ancestor, aud if the deed-referred to is lacking in formality, this lack will not avail plaintiffs, as the purchaser at the administration sale, Kennard, under whom defendant claims, acquired an equitable title at least to the land in controversy, which title constitutes, when properly pleaded, as is the case here, an equitable defense to the action. Long v. The Joplin Mining Smelting Co., 68 Mo. 422.

¶2And the prayer for general relief, with which the answer concludes, authorized the court to give any relief consistent with the case made by the answer. Siemers v. Kleeburg, 56 Mo., loc. cit. 201; Pomeroy v. Benton, 57 Mo. 531. These views compel a reversal of the judgment.

All concur.
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