Norton v. Quimby
Supreme Court of Missouri
Error to Fifth District Court. The deed of the sheriff should have been excluded, not containing the recitals required by law. (36 Mo. 115 ; 35 Mo. 239 ; 37 Mo. 194.) The transcript of the judgment before the justice did not sustain the authority of the sheriff to sell. (Coonce v. Munday, 3 Mo. 265 ; 4 Mo. 116.) The issue and return of the execution could only be evidenced by the constable’s return, which was never made.
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Error to Fifth District Court. The deed of the sheriff should have been excluded, not containing the recitals required by law. (36 Mo. 115 ; 35 Mo. 239 ; 37 Mo. 194.) The transcript of the judgment before the justice did not sustain the authority of the sheriff to sell. (Coonce v. Munday, 3 Mo. 265 ; 4 Mo. 116.) The issue and return of the execution could only be evidenced by the constable’s return, which was never made. (Cárr v. Youse, 39 Mo. 346.) The return of the constable is not shown by copy or proved to have been signed. (Bennett v. Vinyard, 24 Mo. 216.) The executions in evidence may…
1Opinion of the CourtWagner, Judge
Quimby, one of the defendants, in 1861, executed to Marshall a mortgage on two tracts of land lying in Platte county, to secure a debt of about eighteen hundred dollars. This suit was brought by Norton, the plaintiff, as guardian of one of the heirs of Marshall, to whom the debt secured by the mortgage had been allotted on distribution, to foreclose the equity of redemption and sell the land.
Quimby, the maker of the mortgage, and others who claimed-the land under sales made on judgments rendered against him subsequent to the mortgage, were made defendants. The proceedings in this case are…
2Cases cited7 opinions
- Gott v. PowellSupreme Court of Missouri · 1867
- Crowley v. WallaceSupreme Court of Missouri · 1848
- Dillon v. RashSupreme Court of Missouri · 1858
- Ruby v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1867
- Shields v. PowersSupreme Court of Missouri · 1860
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3Cited by5 opinions
- Leonard v. SparksSupreme Court of Missouri · 1893
- Brown v. WalkerMissouri Court of Appeals · 1881
- Whitman v. TaylorSupreme Court of Missouri · 1875
- Rollins v. McIntireSupreme Court of Missouri · 1885
- Littlefield v. RamseySupreme Court of Missouri · 1904