Huff v. Morton
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. N. M. Givan, Judge. (1) The release not being a satisfaction in full of the judgment did not destroy the power to issue execution and sell the property of the judgment debtor, for the reason that a sale under a satisfied judgment is void •only for lack of power to issue execution thereon.
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Appeal from Johnson Circuit Court. — Hon. N. M. Givan, Judge. (1) The release not being a satisfaction in full of the judgment did not destroy the power to issue execution and sell the property of the judgment debtor, for the reason that a sale under a satisfied judgment is void •only for lack of power to issue execution thereon. McClure v. Logan, 59 Mo. 234; Durette v. Briggs, 47 Mo. 361. (2) The land in controversy having been ■omitted from the record of the lease, that record could impart no constructive notice, and hence, under the ■statute, actual notice should have been brought home to…
1Opinion of the Court
Ewing, C.
This was an ejectment suit to recover the northwest quarter of the northeast quarter of section 7, township 44, range 24, in Johnson county. The answer was a general denial. The plaintiff offered an exemplification of an original entry of the land in controversy by Thomas M. Divers from ■ the books of the United States land office at Boonville, Missouri, dated January 10, 1842. Parol evidence of Divers that he sold the land to Wm. S. Snelling; warranty deed from Wm. S. Snelling to W. P. C. Caldwell, date 10th of April, 1851, filed for record Feb. 13th, 1857; warranty deed from W. P.…
2Cases cited5 opinions
- Jackson ex dem. Anderson v. AndersonNew York Supreme Court · 1830
- Sherman v. BoyceNew York Supreme Court · 1818
- Durette v. BriggsSupreme Court of Missouri · 1871
- McClure v. LoganSupreme Court of Missouri · 1875
- Weston v. ClarkSupreme Court of Missouri · 1866
3Cited by5 opinions
- Wells v. EstesSupreme Court of Missouri · 1900
- Huber v. PicklerSupreme Court of Missouri · 1887
- Huff v. MortonSupreme Court of Missouri · 1887
- Holstead v. ParkerCourt of Appeals of Texas · 1922
- Holstead v. ParkerCourt of Appeals of Texas · 1922