McClure v. Logan
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. I. A. sale of land to an innocent purchaser, under-an execution issued on a valid subsisting judgment, is not void nor voidable by reason of such judgment being satisfied by pay-meat in the State of Indiana, unless some notice of such satisfaction had been given to the sheriff or purchaser prior, to such sale, by entering the same of record, as required by statute, or recalling the execution from the sheriff.
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Appeal from Nodaway Circuit Court. I. A. sale of land to an innocent purchaser, under-an execution issued on a valid subsisting judgment, is not void nor voidable by reason of such judgment being satisfied by pay-meat in the State of Indiana, unless some notice of such satisfaction had been given to the sheriff or purchaser prior, to such sale, by entering the same of record, as required by statute, or recalling the execution from the sheriff. (Reed vs. Austin, 9 Mo., 73; Weston vs. Clark, 37 Mo., 568; Durett vs. Briggs, 47 Mo., 356; Wood vs. Colvin, 2 Hill [N. Y.], 566; Myers vs. Cochran, 29…
1Opinion of the CourtSherwood, Judge
In a proceeding to cancel certain deeds, the court below held that a purchaser, at a judicial sale, took no title to land purchased, although he purchased in good faith and without notice ; that the judgment was satisfied prior to the sale, under the execution issued thereon.
The point was considered in Reed vs. Heirs of Austin, 9 Mo., 722; but there was a division of opinion in regard to it; .the majority of the court holding that the purchaser obtained a title notwithstanding the previous satisfaction of the judgment. The subject was not, however, extensively nor elaborately discussed, nor…
2Cases cited7 opinions
- Jackson ex dem. Anderson v. AndersonNew York Supreme Court · 1830
- Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
- Hammatt v. WymanMassachusetts Supreme Judicial Court · 1812
- Swan v. Saddlemire & WoodNew York Supreme Court · 1832
- Carpenter v. . StilwellNew York Court of Appeals · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bullard v. McArdleCalifornia Supreme Court · 1893
- City of Aurora ex rel. Williams v. LindsaySupreme Court of Missouri · 1898
- Chilton v. CadySupreme Court of Missouri · 1923
- Wells v. EstesSupreme Court of Missouri · 1900
- Huber v. PicklerSupreme Court of Missouri · 1887
5 more not listed; retrieve them via the Exa API.