Groner v. Smith
Supreme Court of Missouri
Jlppeal from Polk Circuit Court. I. The sheriff’s deed to Smith is void on its face and conveys no title. A deed conveying land by virtue of a power must show-on its face that the power exists and has been strictly pursued. (Curtis v. Doe ex dem., Breese, 111.., 99 ; Williams v. Payton, 4 Wheat. 77; Lackey v. Lubke, 86 Mo. 121; Hardy v. Heard, 14 Ark. 185.) The sale shows that in this case the deed was made after the return term, when the writ was functus oficio and dead.
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Jlppeal from Polk Circuit Court. I. The sheriff’s deed to Smith is void on its face and conveys no title. A deed conveying land by virtue of a power must show-on its face that the power exists and has been strictly pursued. (Curtis v. Doe ex dem., Breese, 111.., 99 ; Williams v. Payton, 4 Wheat. 77; Lackey v. Lubke, 86 Mo. 121; Hardy v. Heard, 14 Ark. 185.) The sale shows that in this case the deed was made after the return term, when the writ was functus oficio and dead. (Smith v. Mundy, 18 Ala. 182.) II. It is a principle of universal justice that a judgment shall not be rendered against a…
1Opinion of the CourtAdams, Judge
This was an action of ejectment brought by the plaintiff Groner against the defendant Smith, for lands in Polk county. The Circuit Court gave judgment for defendant, and the plaintiff has appealed to this court. The petition and answer are in the usual form, the answer simply pleading the general issue.
Upon the trial the plaintiff showed title in himself, derived-under patents from the United States, and proved rents and profits, and rested. The defendant relied on a sheriff’s sale and-deed to himself, under a judgment and execution in attachment against the plaintiff as a non-resident of the…
2Cases cited5 opinions
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Stewart v. SeveranceSupreme Court of Missouri · 1869
- In re ToneySupreme Court of Missouri · 1848
- Powell v. GottSupreme Court of Missouri · 1850
- Underwood v. DollinsSupreme Court of Missouri · 1871
3Cited by10 opinions
- State ex rel. Potter v. RileySupreme Court of Missouri · 1909
- Latshaw v. McNeesSupreme Court of Missouri · 1872
- Porter v. MarinerSupreme Court of Missouri · 1872
- Heard v. SackSupreme Court of Missouri · 1884
- Estes v. LongSupreme Court of Missouri · 1880
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