Fithian v. Monks
Supreme Court of Missouri
Error to St. Louis Circuit Court. Tbis was an action of ejectment, commenced March 4, 1866, in the St. Louis Circuit Court, by the plaintiff in error, to recover the possession of a lot of land in the city of St. Louis.
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Error to St. Louis Circuit Court. Tbis was an action of ejectment, commenced March 4, 1866, in the St. Louis Circuit Court, by the plaintiff in error, to recover the possession of a lot of land in the city of St. Louis. On the trial it was admitted that the plaintiff was the former owner of the lot in question, and was entitled to recover unless her title was divested by a sale under execution in the case of Mason v. Barnard and Fithian, under which sale the defendants were holding the land. The case of Mason v. Barnard and Fithian was a suit in the St. Louis Circuit Court, commenced December…
1Opinion of the CourtWagner, Judge
A re-hearing* was granted in this case at the March term, 1868, and it has now been reargued with great thoroughness and ability by the respective counsel on each side. It may be stated at the outset that the case is one of considerable difficulty, and it is not easy on all -occasions to clearly mark the line of distinction exist-' ing between erroneous and irregular — voidable and void — judgments. The controlling question is whether the judgment that was rendered in the St. Louis Circuit Court on foreclosure of mortgage in the case of Mason v. Barnard and Eithian (the record of which was…
2Cases cited22 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Harvey v. TylerSupreme Court of the United States · 1865
- Burr v. . BeersNew York Court of Appeals · 1861
- King v. WhitelyNew York Court of Chancery · 1843
- Curtis v. TylerNew York Court of Chancery · 1842
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3Cited by42 opinions
- Malone v. MeresSupreme Court of Florida · 1926
- Armstrong v. ObucinoIllinois Supreme Court · 1921
- Gille v. EmmonsSupreme Court of Kansas · 1897
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Freeman v. ThompsonSupreme Court of Missouri · 1873
37 more not listed; retrieve them via the Exa API.