44 Mo. 364 | Mo. | 1869
delivered the opinion of the court.
The plaintiff’s branch at Weston sold all its assets to the Platte Savings Institution, among which was a judgment in the Platte
“Made by sale, May 11, 1865'..............................;..,$130 00
Cost taxed.-,,.........................................§39 70
Advertising-........................................... 7 00
Ser. and Com. and Copies...................... 9 05 — § 55 75 — $71 25
“Which leaves $74.25 to be applied on this debt,” etc.
A third execution was issued, upon which this $74.25 was applied, and the balance paid in cash. It docs not appear when the execution issued to St. Louis county was returned, but at the September term, 1865, of the Circuit Court of Platte county, defendant Pitt filed his motion to set aside the sale made under it. The chief ground relied on is the irregularity of the sale — - that it was made without advertisement or notice according to law. Testimony was submitted for and against the motion, tending to show some management to get possession of the bank stock at less than its value; and it appears that before the sale an offer by the Savings Institution of 80 per cent, for the stock, theretofore made and refused, was accepted by Pitt, and, through the agents of the bank and Institution, a power of attorney was sent to Mr. Burns, of St. Louis, to transfer it, but it arrived the day after the sale. It also appeared that the execution was issued for the use of the Savings Institution, and that the stock was bid in by its agent. The Circuit Court sustained the motion to set aside the sale, and the District Court affirmed its action.
This matter is relieved of the embarrassment often attending matters of this kind by the intervention of the rights of third parties. No innocent purchaser can lose by the action of the court, and the Circuit Court was justified in acting-upon irregularities less flagrant than if outsiders were thereby to suffer. The
There were other- circumstances connected with the conduct of the parties in interest and purchasers, tending to influence the action of the Circuit Court, and we are not disposed to interfere with that action.