Jones v. Carter
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. If the tract — lots 6 and 12 — contain more than 320 acres, this deed would convey so much or such a proportional interest as 320 is to the full number. Such a deed is good inter vims. (Pipkin’s Case, 29 Mo., 229; 82 Mass., 155 ; 7 Wend., 136 ; 14 Wend., 619 ; 46 Mo., 434 ; 3 Mass., 352; 1 Washb. Real Prop., 568.) II. The reasons, which make such a deed by a sheriff void, (3 Mo., 579,) do not apply to this deed.
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Appeal from St. Louis Circuit Court. I. If the tract — lots 6 and 12 — contain more than 320 acres, this deed would convey so much or such a proportional interest as 320 is to the full number. Such a deed is good inter vims. (Pipkin’s Case, 29 Mo., 229; 82 Mass., 155 ; 7 Wend., 136 ; 14 Wend., 619 ; 46 Mo., 434 ; 3 Mass., 352; 1 Washb. Real Prop., 568.) II. The reasons, which make such a deed by a sheriff void, (3 Mo., 579,) do not apply to this deed. The sheriff’s sale is in invitum, and not a sale made under the order of a court, or by a court acting through its officer, the administrator.…
1Opinion of the CourtAdams, Judge
This was an action of ejectment for a tract of land in Bike county, where this suit was originally commenced. The case was afterward taken by change of venue to the Circuit Court of St. Louis county. The land in controversy was a portion of lot No. 12 of a league square of land, formerly owned by Luke Hoff, Senior, being United States Survey numbered sixteen hundred asad eighty-five, in Township fifty-two North of .Ranges one and two West, as the same was divided by commissioners, under the will of said Luke Hoff among his heirs or devisees. The commissioners under Hoff’s will divided the…
2Cases cited1 opinion
- Clemens v. RannellsSupreme Court of Missouri · 1864
3Cited by3 opinions
- Hughes v. IsraelSupreme Court of Missouri · 1881
- Clapper v. ChandlerMissouri Court of Appeals · 1966
- Bell v. JohnsonSupreme Court of Missouri · 1907