Austin v. Loring
Supreme Court of Missouri
Error to DelJalb Circuit Court. Hewitt, by standing by and permitting the sale and receiving the surplus and allowing the sheriff to make his deed to plaintiff, is estopped from questioning plaintiff’s title, unless it appear that Plewitt was himself ignorant of the defect in the service. (19 Ill., 295; 9 Barr, 299; Stroble vs. Smith, 8 Watt, 280; Smith vs. Worden, 7 Penn. St., 424; Herm. Estop., 348, 349; Lange’s Appeal, 53 Penn. St., 383; Spragg vs. Shriver, 25 Penn.
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Error to DelJalb Circuit Court. Hewitt, by standing by and permitting the sale and receiving the surplus and allowing the sheriff to make his deed to plaintiff, is estopped from questioning plaintiff’s title, unless it appear that Plewitt was himself ignorant of the defect in the service. (19 Ill., 295; 9 Barr, 299; Stroble vs. Smith, 8 Watt, 280; Smith vs. Worden, 7 Penn. St., 424; Herm. Estop., 348, 349; Lange’s Appeal, 53 Penn. St., 383; Spragg vs. Shriver, 25 Penn. St., 282; Merritt vs. Howe, 5 Ohio St., 307; Mitchell vs. Freedley, 10 Penn. St., 208; Crowell vs. McConkey, 5 Pa., 196;…
1Opinion of the CourtWagner, Judge
The material averments in the petition are, that on and prior to the 10th day of March, 1865, one Robert A. Hewitt was the owner in fee simple of a certain piece of land in DeKalb county, Missouri, and that at the March term, 1865, of the circuit court in that county, a judgment was rendered against him in favor of one Meek ; that an execution was duly issued on. the said judgment, and that after giving the proper notices, the sheriff, at the September term, 1866, proceeded to sell the land to satisfy the judgment and costs ; that there was a defective service of process on Hewitt, so that…
2Cases cited9 opinions
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- Adlum v. YardSupreme Court of Pennsylvania · 1829
- Chouteau v. GoddinSupreme Court of Missouri · 1866
- Stroble v. SmithSupreme Court of Pennsylvania · 1839
- Pockman v. MeattSupreme Court of Missouri · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Nanson v. JacobSupreme Court of Missouri · 1887
- McClanahan v. WestSupreme Court of Missouri · 1889
- Cochran v. ThomasSupreme Court of Missouri · 1895
- McCune v. GoodwillieSupreme Court of Missouri · 1907
- Dressel v. WeeksAlaska Supreme Court · 1989
37 more not listed; retrieve them via the Exa API.