Legal Opinion · Dissent

Young v. Schofield

Supreme Court of Missouri

Decided March 3, 1896Published

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.…

1DissentG-antt, P. J.

(dissenting). — This is a suit in equity to set aside a sheriff’s deed executed by the sheriff of Marion county to the defendant Schofield, whereby all *671the right, title, and estate of John C. Young in and to certain lands in Marion county were conveyed to said defendant. The decree divested the title and removed said deed as a cloud on the title of plaintiff who had previously bought said interest from his brother, John C. Young, the defendant in the execution. These facts were developed:

On the twelfth day of June, 1889, the defendant, Robert E. Schofield, Henry Schultz, and Rufus Schofield…

2Cases cited11 opinions

  1. Harness v. CravensSupreme Court of Missouri · 1894
  2. Jones v. DriskillSupreme Court of Missouri · 1887
  3. Riley v. KershawSupreme Court of Missouri · 1873
  4. Rinehart v. BillsSupreme Court of Missouri · 1884
  5. Reilly v. ChouquetteSupreme Court of Missouri · 1853

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