Young v. Schofield
Supreme Court of Missouri
Appeal from Marion Circuit Court. — Hon. Reuben F. Roy, Judge. The plaintiff, a brother of John C. Young, seeks by this equitable proceeding to have canceled a sheriff’s deed made to defendant Schofield, November 18, 1892, for certain land in Marion county, the judgment under whieh the sale occurred having been rendered in Knox county, June 12, 1889, for the sum of $232.63, in favor of Schofield and against John C. Young, who resided in Lewis county.
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Appeal from Marion Circuit Court. — Hon. Reuben F. Roy, Judge. The plaintiff, a brother of John C. Young, seeks by this equitable proceeding to have canceled a sheriff’s deed made to defendant Schofield, November 18, 1892, for certain land in Marion county, the judgment under whieh the sale occurred having been rendered in Knox county, June 12, 1889, for the sum of $232.63, in favor of Schofield and against John C. Young, who resided in Lewis county. Execution issued on this judgment July 1, 1892, and was levied on the land in controversy in Marion county on the eighteenth of that month.…
1Opinion of the CourtSherwood, J.
1. As already seen, the pleadings in this case do not set forth with sufficient fullness and accuracy what should have been stated.
*660Take, for instance, the. first portion of the petition. The plaintiff would seem by that attempt to assume the role of “innocent purchaser,” but his averments are by no means sufficient to that end. In order for a party to occupy such an attitude as above said, he must -be -one who is “a bona fide purchaser for a valuable consideration without notice.” 1 Story, Eq. Jur. [13 Ed.], pp. 63, 387, 417, 436, 438; 2 Ib. 825.
This quotation from the authorities readily…
Also in this document: Concurrence.
2Cases cited23 opinions
- Clark v. . DillonNew York Court of Appeals · 1884
- Frost v. BeekmanNew York Court of Chancery · 1814
- Jewett v. PalmerNew York Court of Chancery · 1823
- Halsa v. HalsaSupreme Court of Missouri · 1843
- Harness v. CravensSupreme Court of Missouri · 1894
18 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Mallinckrodt Chemical Works v. NemnichSupreme Court of Missouri · 1902
- Mathews v. O'DonnellSupreme Court of Missouri · 1921
- Long v. Lackawanna Coal & Iron Co.Supreme Court of Missouri · 1911
- Sommers v. St. Louis Transit Co.Missouri Court of Appeals · 1904
29 more not listed; retrieve them via the Exa API.