Chandler v. Bailey
Supreme Court of Missouri
Appeal from Ozark Circuit Court. — Hon. J. R. Wood-side, Judge. (1) The court erred in admitting the sheriff’s deed read by plaintiff, (a) The description of the premisea in dispute is different in the deed from the description ■stated in the petition. Stephen on PL, secs. 75, 190 : 1 G-reenlf. Evid. [13 Ed.] secs. 53, 64 ; R. S., sec. 2245 ; Blakely v. Saunders, 9 Mo. 472 ; Deickman v. Me■Cormick, 24 Mo. 596. Defendant did not ask to amend; he must abide the consequences.
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Appeal from Ozark Circuit Court. — Hon. J. R. Wood-side, Judge. (1) The court erred in admitting the sheriff’s deed read by plaintiff, (a) The description of the premisea in dispute is different in the deed from the description ■stated in the petition. Stephen on PL, secs. 75, 190 : 1 G-reenlf. Evid. [13 Ed.] secs. 53, 64 ; R. S., sec. 2245 ; Blakely v. Saunders, 9 Mo. 472 ; Deickman v. Me■Cormick, 24 Mo. 596. Defendant did not ask to amend; he must abide the consequences. Browning v. Walburn, 45 Mo. 477, 479. (5) The record does not show that the sale under the attachment execution was…
1Opinion of the Court
Black, J. — The
plaintiffs recovered in ejectment, and the defendants appealed. Both parties claim title under E. W. Bailey. The plaintiffs’ title is a sheriff’s deed to A. B. Chandler, executed by virtue of a sale made under a special execution, issued on a judgment in -an attachment suit of A. B. Chandler against E. W. Bailey. The attachment was levied on the property on -the sixteenth of December, 1874; judgment on publication was rendered the twentieth of April, 1876, and the sale occurred on the seventeenth of April, 1877. The defendant, William Bailey, claims by virtue of a deed -to him…
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