Lewis v. Chapman
Supreme Court of Missouri
Error to St. Charles Circuit Court. I. The deed of trust under which plaintiff claims, was executed and recorded several months prior .to tbe judgment under which the defendant purchased.
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Error to St. Charles Circuit Court. I. The deed of trust under which plaintiff claims, was executed and recorded several months prior .to tbe judgment under which the defendant purchased. Unless, therefore, the execution sale carried with it the original title held by the State, preserved through the county’s sale to Judge, in the shape of a vendor’s lien, and so transmitted-"to defendant -through the judgment, execution and sheriffs deed, the plaintiff in error has manifestly the better right, and is entitled, as the true legal representative of Judge, to all the benefit of the patent. It…
1Opinion of the CourtVories, Judge
This action was in the nature of a bill in chancery, the object of which was to divest the title to certain lands in the petition named out of the defendant, and to vest the same in the plaintiff. The substantial charges in the petition are: that the sheriff of St. Charles county, under the authority of the County Court of said county, on the 11th day of October, 1854, sold to one James Judge the south-west quarter of the south-west quarter of section 16, in township 48, of range 5 east; containing 39 54-109 acres, being part of the lands donated bv act of Congress to this State for purposes…
2Cases cited5 opinions
- Maupin v. EmmonsSupreme Court of Missouri · 1871
- Strain v. MurphySupreme Court of Missouri · 1872
- Gaston v. WhiteSupreme Court of Missouri · 1870
- Lumley v. RobinsonSupreme Court of Missouri · 1858
- Hall v. JonesCourt of Appeals of Maryland · 1864
3Cited by3 opinions
- Pickett v. JonesSupreme Court of Missouri · 1876
- Dickason v. EbySupreme Court of Missouri · 1880
- Cedar County v. WilliamsSupreme Court of Missouri · 1883