Public-domain · open source
OpenJurist

76 Mo. 365

Schafer v. Causey

Supreme Court of Missouri

Decided October 15, 1882

Supreme Court of Missouri · decided 1882-10-15

Louis Court of Appeals. This was an action of ejectment brought by plaintiffs-as heirs of Ernest Koester. Defendants claimed title-through a sale and conveyance made by Schulenberg as administrator of Koester, at which sale defendants’ ancestor, Trusten Polk, purchased.

Relies on Vallé's Heirs v. Fleming's Heirs · Shroyer v. Nickell · Evans v. Snyder

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1882-10-15

How this case has been cited

Cited by 6 later decisions — most recently January 1932

6 state decisions

20188218901900191019201930decided

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.

View the full empirical analysis of this case →

Sherwood, J.

¶1The conclusion reached by the trial court as well as that of the St. Louis court of appeals, applied to the facts in evidence the familiar principles heretofore announced by this court in the cases of Valle v. Fleming, 29 Mo. 152; Shroyer v. Nickell, 55 Mo. 264; s. c., 67 Mo. 589; Jones v. Manly, 58 Mo. 559; Huff v. Price, 50 Mo. 228; Evans v. Snyder, 64 Mo. 516. And the payment of taxes on the land bought at the void administration *367sale, falls as clearly within the principle announced in the cases cited, and. entitles the purchaser at such sale to the same measure of equitable relief as for the purchase money itself, since in either instance the heir suing for the land has reaped a similar benefit from the payment. As the defendants filed no motion for a new trial, and have not appealed, we are precluded from giving any opinion on the validity of the administration sale, but we see fit to mention the point here, in order to avoid any misconception of our views.

¶2Eor the foregoing reasons we affirm the judgment.

All concur.
/76/mo/365 · .json · Public domain