Durrett v. Hulse
Supreme Court of Missouri
Appeal from Balls' Circuit Court. — Hon. John T. Redd, Judge. The judgment was in existence at the passage of the stay law of 1861, (Laws 1860-61, p. 28, Sec; 1). This law, so far as the existing judgment was concerned, was unconstitutional. Gentry v. Baily, 1 Mo. 164; Brown v. Ward, 1 Mo. 209 ; Bumgardner v. Circuit Court, 4 Mo. 50; Stevens v. Andrews, 31 Mo. 205; Bruns v. Craioford, 34 Mo. 330 ; Donnell v. Stephens, 35 Mo. 441; Lapsley v. Brashears, 4 Litt.
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Appeal from Balls' Circuit Court. — Hon. John T. Redd, Judge. The judgment was in existence at the passage of the stay law of 1861, (Laws 1860-61, p. 28, Sec; 1). This law, so far as the existing judgment was concerned, was unconstitutional. Gentry v. Baily, 1 Mo. 164; Brown v. Ward, 1 Mo. 209 ; Bumgardner v. Circuit Court, 4 Mo. 50; Stevens v. Andrews, 31 Mo. 205; Bruns v. Craioford, 34 Mo. 330 ; Donnell v. Stephens, 35 Mo. 441; Lapsley v. Brashears, 4 Litt. (Ky.) 47 ; Grayson v. Lilly, 7 Monr. (Ky.) 10 ; Stephenson v. Basnett, 7 Monr. (Ky.)- 50; Townsend v. Townsend, IPeck. (Tenn.) 131;…
1Opinion of the Court
Sherwood, O. J.
Ejectment. The judgment under which plaintiff claims, was rendered August 26, 1859, exeecution issued April 20th, 1862, returnable March, 1863, and levied July 2,1862, sale occurred March 25, 1863, and deed executed April 1, of that year. The defendant claims under a deed of trust, executed February 23, 1861, and sale thereunder June 11th, 1863. The court below held that plaintiff had acquired the title, and so do we. (Bank v. Wells, 12 Mo. 361; Wood v. Messerly, 46 Mo. 255.) Judgment affirmed.
All concur.
Affirmed.
2Cases cited2 opinions
- Bank of Missouri v. Wells & BatesSupreme Court of Missouri · 1849
- Wood v. MesserlySupreme Court of Missouri · 1870
3Cited by4 opinions
- Slattery v. JonesSupreme Court of Missouri · 1888
- Spicer v. . GambillSupreme Court of North Carolina · 1885
- Wayland v. Kansas CitySupreme Court of Missouri · 1928
- Burton v. DeleplainMissouri Court of Appeals · 1887