Durfee v. Moran
Supreme Court of Missouri
Error to Andrew Circuit Court. I.The cases which seem to decide that a sale made under a satisfied judgment is absolutely void will not be found to sustain this position. In few of them was the question before the court for determination, and, in these, knowledge of the satisfaction was shown to have been acquired by the purchaser before purchase.
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Error to Andrew Circuit Court. I.The cases which seem to decide that a sale made under a satisfied judgment is absolutely void will not be found to sustain this position. In few of them was the question before the court for determination, and, in these, knowledge of the satisfaction was shown to have been acquired by the purchaser before purchase. (See Swan vs. Saddlemire, 8 Wend., 676 ; Lewis vs. Palmer, 6 Wend., 676: Wood vs. Colvin, 2 Hill, 566 ; State vs, Salyers, 19 Ind., 432.) The case of Durettevs. Briggs is no exception. In this case the party purchasing had the means of knowing of…
1Opinion of the CourtWagNee, Judge
This was an action of ejectment brought in the Andrew Circuit Court to recover the possession of certain real estate situated therein.
The defendants, Jackson, James C. and Margaret Abney filed their joint answer denying the allegations in the petition, and setting up ownership of the lands in the defendant Margaret Abney. They then made a further equitable defense, and charged that all the claim and interest plaintiffs had in *376the laud they acquired by and through a sheriff’s sale and deed, made to the plaintiff Bartlett by the sheriff of Andrew county, on a judgment rendered in the Circuit…
2Cases cited5 opinions
- Hannibal & St. Joseph Railroad v. BrownSupreme Court of Missouri · 1869
- Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- Durette v. BriggsSupreme Court of Missouri · 1871
- Wooton v. HinkleSupreme Court of Missouri · 1855
- Hook v. TurnerSupreme Court of Missouri · 1856
3Cited by10 opinions
- Hoffman v. McMullenCourt of Appeals for the Ninth Circuit · 1897
- Nelson v. BettsMissouri Court of Appeals · 1886
- Hyde v. GoldsbyMissouri Court of Appeals · 1887
- Derby v. DonahoeSupreme Court of Missouri · 1907
- Guels v. Mississippi Valley Trust Co.Supreme Court of Missouri · 1932
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