Allen v. Ray
Supreme Court of Missouri
Appeal from Barry Circuit Court. — IIon. W. P. Geiger, Judge. McPeeley was not the real owner of the land, when the tax suit was begun, and was not then, and never was, the record owner.
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Appeal from Barry Circuit Court. — IIon. W. P. Geiger, Judge. McPeeley was not the real owner of the land, when the tax suit was begun, and was not then, and never was, the record owner. Caveat emptor is the rule that applies to sheriffs'’ sales, and where, as in this case, one purchases, land as the property .of the defendant, to which the defendant has no record title, such purchaser acquires no better title than the defendant actually had ; and such purchaser cannot set up any better defense of his so acquired title than the defendant could. Such purchaser is without the registry law. The…
1Opinion of the CourtBrace, J.
This is an action of ejectment com. menced by plaintiff in the circuit court of Barry county against John Ray and Preston Gibson brought here by appeal. Pending the appeal in this court John Ray died and his heirs, Charles and Arabella Ray, have been made parties respondent.
The plaintiff seeks to recover possession of the south half of section 14, township 23, in range 29, patented by the United States to one John McPeely, in March, 1867, and to show title in himself, introduced in evidence the patents to McFeely ; a warranty deed from McFeely to J. Stewart Lowe, dated April 10, 1867,…
2Cases cited11 opinions
- Vance v. CorriganSupreme Court of Missouri · 1883
- Jones v. DriskillSupreme Court of Missouri · 1887
- Payne v. LottSupreme Court of Missouri · 1886
- Allen v. McCabeSupreme Court of Missouri · 1887
- Wellshear v. KelleySupreme Court of Missouri · 1879
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Keaton v. JorndtSupreme Court of Missouri · 1914
- Wilcox v. PhillipsSupreme Court of Missouri · 1914
- Boyd v. EllisSupreme Court of Missouri · 1891
- Harrison Machine Works v. BowersSupreme Court of Missouri · 1906
- Smith v. BarrettMissouri Court of Appeals · 1890
22 more not listed; retrieve them via the Exa API.