Senter v. Wisconsin Lumber Co.
Supreme Court of Missouri
Appeal from Dunklin Circuit Court — No». J. L. Fort, Judge. (1) Respondent’s source of title is an inoperative and void sheriff’s deed. The burden was on respondent to prove a prima-facie title. Wheeler v. Land Co., 193 Mo. 291. Respondent’s source of title is the sheriff’s deed of November 15, 1860, purporting to sell these swamp lands under an execution.
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Appeal from Dunklin Circuit Court — No». J. L. Fort, Judge. (1) Respondent’s source of title is an inoperative and void sheriff’s deed. The burden was on respondent to prove a prima-facie title. Wheeler v. Land Co., 193 Mo. 291. Respondent’s source of title is the sheriff’s deed of November 15, 1860, purporting to sell these swamp lands under an execution. The nature of the judgment on which the execution was issued does not appear and the presumption is that it was based on an ordinary county indebtedness. State v. Crumb, 157 Mo. 561; Hall v. Klepzig, 99 Mo. 88. The sheriff’s deed is…
1Opinion of the CourtGraves, J.
Action under old section 650 to determine title to certain lands in Dunklin county. The petition is of the very shortest form under such section. The only clause in the petition outside of the ordinary averments that plaintiff owns the land and that defendant claims some title or interest therein, is the following clause :
“That said lands are swamp and not susceptible of cultivation, but plaintiff has been in possession thereof, paying taxes on the same, and exercising over them all the acts of ownership and possession of which the said lands are susceptible.”
The answer admits the corporate…
2Cases cited16 opinions
- Union School Township v. National BankIndiana Supreme Court · 1885
- Pettis v. JohnsonIndiana Supreme Court · 1877
- Crane v. ReederMichigan Supreme Court · 1872
- Sturgeon v. HamptonSupreme Court of Missouri · 1885
- Simpson v. Stoddard CountySupreme Court of Missouri · 1903
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Watts v. WattsSupreme Court of Missouri · 1924
- Cullen v. JohnsonSupreme Court of Missouri · 1930
- Town of Montevallo v. Village School DistrictSupreme Court of Missouri · 1916
- Laclede Land & Improvement Co. v. CreasonSupreme Court of Missouri · 1915
- Bostwick v. FreemanSupreme Court of Missouri · 1942
3 more not listed; retrieve them via the Exa API.