Huxley v. Harrold
Supreme Court of Missouri
Error to Andrew Circuit Court. Tlie sheriff’s deed was inadmissible, because there was no record introduced upon which to found it, and it was not .properly acknowledged. (Wagn. Stat., 612, § 56.) There being no proper record in Andrew county, the deed could not be evidence of title to this land, unless supported by the whole record.
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Error to Andrew Circuit Court. Tlie sheriff’s deed was inadmissible, because there was no record introduced upon which to found it, and it was not .properly acknowledged. (Wagn. Stat., 612, § 56.) There being no proper record in Andrew county, the deed could not be evidence of title to this land, unless supported by the whole record. (Samuels vs. Sheldon, 48 Mo., 444.) The deed undertook to show that an attachment had been issued in 1864, and levied on this land, but the execution did not show it nor did the judgment so state. (35 Mo., 239 ; 36 Mo., 115.) II. The judgment and execution were…
1Opinion of the CourtSherwood, Judge
Ejectment for land in Andrew county. Conrad Hartzell is the common acource of title. Plaintiff claims under a sheriff’s deed, based on an attachment proceeding instituted by himself against Hartzell in the Buchanan Common Pleas on the 18th of March, 1861. This deed bears date December 12th, 1872, and recites a general jndgment recovered by Huxley against Hartzell, in the Buchanan circuit court, May 21st, 1872, and execution issued thereon, October the 3rd. of that year, and a sale thereunder to plaintiff on the 7th of December next thereafter. Plaintiff at the trial produced evidence tending…
2Cases cited10 opinions
- Horner v. DoeIndiana Supreme Court · 1848
- Hart v. SeixasNew York Supreme Court · 1839
- Freeman v. ThompsonSupreme Court of Missouri · 1873
- McClure v. McClurgSupreme Court of Missouri · 1873
- Ellis v. JonesSupreme Court of Missouri · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Hall v. StephensSupreme Court of Missouri · 1877
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- State v. WearSupreme Court of Missouri · 1898
- Adams v. CowlesSupreme Court of Missouri · 1888
- McClanahan v. WestSupreme Court of Missouri · 1889
30 more not listed; retrieve them via the Exa API.