Allen v. Sales
Supreme Court of Missouri
Appeal from Buchanan Common Pleas. I. The interlineations were not part of the June Term judgments and were void. Hence the special executions directing sale of the leasehold were also void. II. There was no proof of the filing of the liens or commencement of the suits which resulted in the judgment. III. The sheriffs deed should have been excluded. It recited three judgments and three executions, when it was shown that no such judgments or executions ever issued. IV.
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Appeal from Buchanan Common Pleas. I. The interlineations were not part of the June Term judgments and were void. Hence the special executions directing sale of the leasehold were also void. II. There was no proof of the filing of the liens or commencement of the suits which resulted in the judgment. III. The sheriffs deed should have been excluded. It recited three judgments and three executions, when it was shown that no such judgments or executions ever issued. IV. Estoppel in pais will not support ejectment. V. Long prior to the judgments Cowan had surrendered his lease to Smith.…
1Opinion of the CourtNapton, Judge
This was an action of ejectment to recover a leasehold property in the City of St. Joseph. The plaintiff’s title was derived from certain judgments, executions, and a sheriff’s deed. There were three judgments all rendered at the June term 1871, one in favor of James M. Bedbury, and George Zettner vs. Samuel F. Cowan, for $1271.32; one in favor of Kufus K. Allen vs. Cowan, for $3110.54; and a third in favor of Francis M. Scott vs. Cowan, $185. These judgments were all to the effect, that they were to be levied of the goods and chatties, lands and tenements of said defendants, and it no…
2Cited by25 opinions
- Pirtle v. CookSupreme Court of Missouri · 1997
- State Ex Rel. Poucher v. VincentSupreme Court of Missouri · 2008
- Schulenburg v. HaydenSupreme Court of Missouri · 1898
- State ex rel. Wyatt v. VaileSupreme Court of Missouri · 1894
- O'Leary v. RoeMissouri Court of Appeals · 1891
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