Legal Opinion

Sappington v. Oeschli

Supreme Court of Missouri

Decided January 15, 1872PublishedCited by 12 opinions

Jlpppal from, Pettis Circuit Court. I. The action was brought in August, 1868, and the sheriff’s deed to plaintiff, on which alone she could assert title, was not made until August, 186.9. She was bound to show title before the date of the ouster laid in the petition. (Buxton v. Carter, 11 Mo. 481 ; Seglar y.

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Jlpppal from, Pettis Circuit Court. I. The action was brought in August, 1868, and the sheriff’s deed to plaintiff, on which alone she could assert title, was not made until August, 186.9. She was bound to show title before the date of the ouster laid in the petition. (Buxton v. Carter, 11 Mo. 481 ; Seglar y. Ya-nheper, 10 Wend. 414.) The doctrine of relation invoiced by the plaintiff applies only as between parties and privies, and never as to strangers, which is the case here. (Alexander & Betts v. Merry, 9 Mo. 514, 529 ; Jackson v. Bard, 4 Johns. 230-34.) II. Although our registry law…

1Opinion of the CourtAdams, Judge

This was an action of ejectment, originally brought by plaintiff against the defendants in the Pettis Common Pleas Court, and transferred from that court to the Circuit Court of Pettis county, by consent of parties.

The petition was in the usual form for the possession of the east half of the southwest quarter of section 8, township 43 of range 23, situated in Pettis county. The answer was a general denial. The cáse was tried before the court sitting as a jury, and judgment was given in favor of the plaintiff for possession, etc. Both parties claimed title under one Thomas N. Christian, who…

2Cases cited5 opinions

  1. Davis v. OwnsbySupreme Court of Missouri · 1851
  2. Reed v. OwnbySupreme Court of Missouri · 1869
  3. Valentine v. HavenerSupreme Court of Missouri · 1854
  4. Potter v. McDowellSupreme Court of Missouri · 1868
  5. Stillwell v. McDonaldSupreme Court of Missouri · 1866

3Cited by12 opinions

  1. Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
  2. Holden v. GarrettSupreme Court of Kansas · 1879
  3. State Savings Bank v. BuckSupreme Court of Missouri · 1894
  4. First National Bank v. RohrerSupreme Court of Missouri · 1897
  5. Massey v. HubbardSupreme Court of Florida · 1882

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