United States Supreme Court Cases & Opinions

U.S. Supreme Court

Griffith v. Bogert, 59 U.S. 18 How. 158 158 (1855)

Griffith v. Bogert

59 U.S. (18 How.) 158

Syllabus

The law of Missouri allows the lands of a deceased debtor to be sold under execution, but prohibits it from being done until after the expiration of eighteen months from the date of the letters of administration upon his estate.

Where the letters of administration were dated on the 1st of November, 1819, and the sale took place on the 1st of May, 1821, the sale was valid. In this case the terminus a quo should be included.

Moreover, the sale was ordered to take place on that day by a court of competent jurisdiction, and this makes the matter rem judicatam, and is evidence of the construction which the courts of Missouri place upon their laws.

And besides, the question of the regularity of a judicial sale cannot be raised collaterally except in case of fraud in which the purchaser was a participant.

Page 59 U. S. 159

The case is stated in the opinion of the court.

Page 59 U. S. 161