Rollins v. McIntire
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. (1) The judgment on the facts in evidence should have been for plaintiff on the equity count. (2) The sheriff’s deed to Harrison was valid and effectual to convey Fenton’s equitable title of the premises to Harrison. Although the judgment was obtained in 1840, the statute of 1849 authorized the issuance of execution thereon. Laws 1849, p. 92, art. 18, secs. 1 and 2; Bolton n.
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Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. (1) The judgment on the facts in evidence should have been for plaintiff on the equity count. (2) The sheriff’s deed to Harrison was valid and effectual to convey Fenton’s equitable title of the premises to Harrison. Although the judgment was obtained in 1840, the statute of 1849 authorized the issuance of execution thereon. Laws 1849, p. 92, art. 18, secs. 1 and 2; Bolton n. Landsdown, 21 Mo. 399. It was not necessary Tor plaintiff to show the order of court granting leave. ■The presumption is that the clerk did his duty and…
1Opinion of the CourtRay, J.
The petition in this case contains two counts ; the first of which seeks to divest the defendant of .the'legal title to block seven, in the county’s addition to the town of Mexico, in Audrain county, Missouri, *502and vest the same in the plaintiff, on the ground that the defendant took the deed under which he claims and holds the property in question, with full notice and knowledge of the prior rights and equities of the plaintiff thereto. To this count there is, also, a prayer for general relief. The second count is in the nature of an action of ejectment, and is in the usual form. The answer…
2Cases cited15 opinions
- Williams v. Peyton's LesseeSupreme Court of the United States · 1819
- George v. MiddoughSupreme Court of Missouri · 1876
- Downing v. RingerSupreme Court of Missouri · 1842
- Draper v. BrysonSupreme Court of Missouri · 1852
- Ransom v. WilliamsSupreme Court of the United States · 1865
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3Cited by6 opinions
- Marriott Financial Services, Inc. v. Capitol Funds, Inc.Supreme Court of North Carolina · 1975
- Fairbanks v. LongSupreme Court of Missouri · 1887
- Collins v. PeaseSupreme Court of Missouri · 1898
- Weir v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1905
- Shumate v. SnyderSupreme Court of Missouri · 1897
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