Hays v. Perkins
Supreme Court of Missouri
Appeal from Buchanan Circuit Cowt. — Hon. Henry M. Ramey, Judge. (1) "When E. O. Hays platted the land he destroyed its identity by its original description; and the law will enforce recognition of the new description, which the statute authorizes to be made. A sheriff’s sale, by the original description, is void. Evans v. Ashley, 8 Mo. 178; Hartv.
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Appeal from Buchanan Circuit Cowt. — Hon. Henry M. Ramey, Judge. (1) "When E. O. Hays platted the land he destroyed its identity by its original description; and the law will enforce recognition of the new description, which the statute authorizes to be made. A sheriff’s sale, by the original description, is void. Evans v. Ashley, 8 Mo. 178; Hartv. Rector, 7(Mo. 532; McPiJce v. Allman, 53 Mo. 558; Cromwell v. 'Thivrston, 59 Mó. 157; 2 Ereeman on Executions [2 Ed.] secs. 281, 330; 2 Devlin on Deeds, sec. 1432; Clemens v. Rannells, 34 Mo. 579; Henry v. Mitchell, 32 Mo. 512. “The sheriff ought…
1Opinion of the CourtBlack, J.
This is ejectment for lots 1, 2, 3, 4, 5, 7, 8, 9 and 10, in block 2, ¡and lots 1 and 6 in block 1, in Hays’ second railroad addition to the city of St. -Joseph. At the close of all the evidence the court gave an instruction that the plaintiff could not recover, and thereupon he took a nonsuit with leave. Though both parties claim title through Edward 0. Hays, it is necessary to go back a step or two.
William Noble devised the eighty acres of land hereafter mentioned, of which the lots in question are a part, to Levi Johnson. Johnson, by his guardian, brought suit in partition against certain…
2Cases cited1 opinion
- Riggs v. GoodrichSupreme Court of Missouri · 1881
3Cited by4 opinions
- City of St. Louis v. Laclede Gas Light Co.Supreme Court of Missouri · 1900
- Johnson v. FergusonSupreme Court of Missouri · 1931
- West v. BretelleSupreme Court of Missouri · 1893
- Morning v. City of LincolnNebraska Supreme Court · 1913