Perkins v. Quigley
Supreme Court of Missouri
Appeal from, Linn Circuit Court. I. The sheriff’s deed is void on its face, inasmuch as it does not recite that executions had been issued on the judgments recited in the deed by the justice, and that they' had been returned nulla bona before the executions were issued by the clerk of the circuit court. (Wagn.
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Appeal from, Linn Circuit Court. I. The sheriff’s deed is void on its face, inasmuch as it does not recite that executions had been issued on the judgments recited in the deed by the justice, and that they' had been returned nulla bona before the executions were issued by the clerk of the circuit court. (Wagn. Stat., 839, § 14; Id., 612, § 54; Coonce vs. Mundav, 3 Mo., 264 ; Waddell vs. Williams, 50 Mo., 224.) If the execution must contain this recital, then the deed must, or some evidence must be produced to, show that the execution was properly issued. (Carr vs. Youse, 39 Mo., 349, and…
1Opinion of the CourtNapton, Judge
This was an action of'ejectment, and the title of the plaintiff was derived from a sale and execution levied on land claimed to be protected from execution under the homestead law.
*500The execution was dated April 3, 1873, and was levied on the 4th of April, 1873, and the sale took place, in June, 1873. The notes, upon which the judgment was based, were given in September, 1871.
The defendant in the execution bought a tract of sixty-acres of one Henderson in February, 1871, and his deed was recorded in April, 1871. The defendant moved on to the place with his family, and in the month of May, 1871,…
2Cases cited1 opinion
- Carpenter v. KingSupreme Court of Missouri · 1868
3Cited by16 opinions
- Macke v. ByrdSupreme Court of Missouri · 1895
- Showers v. RobinsonMichigan Supreme Court · 1880
- Gentry v. GentrySupreme Court of Missouri · 1894
- Dicus v. Hall, Hooper & Co.Supreme Court of Alabama · 1887
- Oregon Mtg. Co., Ltd. v. DunbarMontana Supreme Court · 1930
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