Sanders v. Rains
Supreme Court of Missouri
ERROR to Polk Circuit Court. 1. The testimony offered by the plaintiff and rejected by the court ought to have been given to the jury; because it was necessary for the plaintiff; in order to sustain this suit against the defendants, to prove that there was an execution in the hands of the sheriff, under and by virtue of which the property in question was sold; — that there was a judgment of a justice of the peace, and a transcript thereof filed with the clerk to authorize…
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ERROR to Polk Circuit Court. 1. The testimony offered by the plaintiff and rejected by the court ought to have been given to the jury; because it was necessary for the plaintiff; in order to sustain this suit against the defendants, to prove that there was an execution in the hands of the sheriff, under and by virtue of which the property in question was sold; — that there was a judgment of a justice of the peace, and a transcript thereof filed with the clerk to authorize the clerk to issue the execution — and that there was an execution issued by the justice and returned by the constable, no…
1Opinion of the CourtNaptor, J.
Sanders brought an action of ejectment against the defendants in error to recover possession of a tract of land in Polk count}’. On the trial!, he offered in evidence to show title a deed from the sheriff of the county, formally executed and. acknowledged, reciting two judgments against Rains before a justice of the peace, with the executions and returns thereon, and the subsequent issuance of executions from the office of the clerk of the circuit court upon transcripts of these judgments properly filed in that office, and a levy and sale under these executions. The plaintiff also offered in…
2Cases cited2 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Toof v. BentlyNew York Supreme Court · 1830
3Cited by11 opinions
- Leonard v. SparksSupreme Court of Missouri · 1893
- Salter v. HilgenWisconsin Supreme Court · 1876
- Howard v. ClarkSupreme Court of Missouri · 1869
- Young v. DowneySupreme Court of Missouri · 1899
- Williams v. BowerSupreme Court of Missouri · 1858
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