Legal Opinion

Avery v. Good

Supreme Court of Missouri

Decided February 27, 1893PublishedCited by 11 opinions

Appeal from Henry Circuit Court.—Hon. D. A. DeArmond, Judge. (1) The ruling of the court below in giving declaration of law, asked by the plaintiff, number 3 was correct.

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Appeal from Henry Circuit Court.—Hon. D. A. DeArmond, Judge. (1) The ruling of the court below in giving declaration of law, asked by the plaintiff, number 3 was correct. There was no venue stated in the affidavit or caption thereof, and it was made two months and twenty days before the suit by attachment was commenced, and was an affidavit that the defendant in the attachment proceedings (Reed) was not a resident of the state of Indiana; and, if Reed had been a resident of the state of Missouri, and the affiant had known it, a prosecution for perjury could not have been sustained, and that…

1Opinion of the CourtBlack, P. J.

This is an action of ejectment for eighty acres of land in Henry county. William H. Reed is the common source of title. In 1884 the probate court of St. Clair county made an order directing the public administrator to take charge of the estate of said Reed, and in 1888 the administrator sold this land in Henry county, and the plaintiff became the purchaser and received a deed dated the eleventh of February, 1888. This is the plaintiff’s title.

The defendant put in evidence a deed from the sheriff of Henry county to Jason Blackford, dated the eighteenth of April, 1878, based upon a sale made by…

2Cases cited9 opinions

  1. Hardin v. LeeSupreme Court of Missouri · 1873
  2. Parker v. BakerNew York Court of Chancery · 1840
  3. Burnett v. McClueySupreme Court of Missouri · 1887
  4. Young v. YoungSupreme Court of Minnesota · 1871
  5. Musgrove v. MottSupreme Court of Missouri · 1886

4 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State Ex Rel. Rabiste v. SouthernSupreme Court of Missouri · 1923
  2. Norman v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1911
  3. Englehart-Davidson Mercantile Co. v. Burrell SistersMissouri Court of Appeals · 1896
  4. First National Bank v. GriffithMissouri Court of Appeals · 1916
  5. Gharst v. St. Louis Transit Co.Missouri Court of Appeals · 1905

6 more not listed; retrieve them via the Exa API.

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