Baird v. Given
Supreme Court of Missouri
Appeal from Randolph. Circnit Court. — Ron. Jno. A. 'Rockaday, Judge. (1) A sale under a judgment which has been paid passes no title even to an innocent purchaser. Huff v. Morton, 83 Mo. 402. (2) .If a purchaser at sheriff's sale practices any deceit or is guilty of any trick or device for the purpose of getting the property at less than its value, the sale will be set aside.
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Appeal from Randolph. Circnit Court. — Ron. Jno. A. 'Rockaday, Judge. (1) A sale under a judgment which has been paid passes no title even to an innocent purchaser. Huff v. Morton, 83 Mo. 402. (2) .If a purchaser at sheriff's sale practices any deceit or is guilty of any trick or device for the purpose of getting the property at less than its value, the sale will be set aside. Stewart v. Nelson, 25 Mo. 309; Keiser v. Caramon, 95 Mo. 217. (3) A judgment creditor, ór his assignee or agent or attorney alone has the right to cause an execution to issue. Burton v. Deleplain, 25 Mo. App. 382;…
1Opinion of the CourtValliant, J.
This is a suit in equity to set aside a sheriff’s deed to land sold under two executions. The executions issued on judgments, one in favor of J. S. Bowers, the other in favor of William Firth, both against Adam Given, the defendant in this case, and O. E. Hannah and his wife. The suits in which the judgments were rendered were aided by attachments. which were placed on the land in question, June 27, *3061893. The title of this plaintiff to the land in snit comes through a deed of trust filed for record, June 28, 1893, so that the attachment lien was one day prior to the lien of the deed of…
2Cases cited5 opinions
- Hoover v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Beedle v. MeadSupreme Court of Missouri · 1883
- McClure v. LoganSupreme Court of Missouri · 1875
- Weston v. ClarkSupreme Court of Missouri · 1866
- Zelle v. BobbMissouri Court of Appeals · 1883
3Cited by1 opinion
- Reed v. MunnCourt of Appeals for the Eighth Circuit · 1906