Wertheimer-Swartz Shoe Co. v. Wyble
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Now. David N. Eby, Judge. (1) The petition does not state facts sufficient to constitute a cause of action, (a) It is not averred that Louis Landau, as trustee, ever paid the purchase price of $3 and received a deed from the sheriff as execution purchaser. A purchaser at execution sale acquires no title to the real estate until the deed has been executed by the proper officer.
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Appeal from Pike Circuit Court. — Now. David N. Eby, Judge. (1) The petition does not state facts sufficient to constitute a cause of action, (a) It is not averred that Louis Landau, as trustee, ever paid the purchase price of $3 and received a deed from the sheriff as execution purchaser. A purchaser at execution sale acquires no title to the real estate until the deed has been executed by the proper officer. But when it is executed it relates back to the date of the sale, and vests title in the execution purchaser from that time as against the execution defendant, and his privies and…
1Opinion of the Court
BROWN, C.-
Suit begun in Pike County Circuit Court, August 26, 1909. The plaintiffs are Wertheimer-Swartz Shoe Company, and Laudan Grocery Company, corporations, and Louis Landau their trustee. The defendants are Clevie H. Wyble, Bank of Eolia and William J. Buchanan. The object of the suit is to obtain a decree establishing the title to about one hundred acres of land in Pike county as against the defendants.
The petition states, in substance, that in October, 1906, L. Taylor Sanderson, and Robert B. Sanderson, as executors of the will of Thomas N. Sanderson, deceased, for the consideration of…
2Cases cited16 opinions
- Mangold v. BaconSupreme Court of Missouri · 1911
- Creamer v. BivertSupreme Court of Missouri · 1908
- Hannibal & St. Joseph Railroad v. BrownSupreme Court of Missouri · 1869
- Davis v. McCannSupreme Court of Missouri · 1898
- Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
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