Coe v. Ritter
Supreme Court of Missouri
Appeal from Pettis Circuit Court — IIon. J. P. Stbother, Judge. (1) It was error to admit in evidence the deed of Sheriff Murray, acting as trustee, without proof of the-absence from the state of Powell and Shackleford, trustees, which absence was necessary to give the sheriff power to act, and the recitals in the sheriff’s deed are not evidence of that fact. The deed from Bunn to Coe was improperly admitted. It was void for want of description.
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Appeal from Pettis Circuit Court — IIon. J. P. Stbother, Judge. (1) It was error to admit in evidence the deed of Sheriff Murray, acting as trustee, without proof of the-absence from the state of Powell and Shackleford, trustees, which absence was necessary to give the sheriff power to act, and the recitals in the sheriff’s deed are not evidence of that fact. The deed from Bunn to Coe was improperly admitted. It was void for want of description. (2) The lien dated from the commencement of the work. Allen n. Sales, 56 Mo; 28 ; Douglass v. Zinc Co., 56 Mo. 888; Reilly v. Hudson, 62 Mo. 883. The…
1Opinion of the CourtSherwood, J.
— This action, ejectment, originated in a contest between Bunn, the original plaintiff, the beneficiary in, and purchaser under a deed of trust, and Ritter, defendant, purchaser under a judgment for the enforcement of 'a mechanic’s lien. The deed of trust, under which Bunn bought and plaintiff claims, was acknowledged and filed for record, August 9, 1873, by Catharine Hickey, and her husband, James, Catharine being the owner of the fee, and the admitted common source of title. A sale of the land conveyed by this trust deed, embracing the premises’ in dispute, as well as other land, occurred…
2Cases cited10 opinions
- Rannells v. GernerSupreme Court of Missouri · 1883
- Campbell v. JohnsonSupreme Court of Missouri · 1869
- McWilliams v. AllanSupreme Court of Missouri · 1870
- Crandall v. CooperSupreme Court of Missouri · 1876
- McClannahan v. SmithSupreme Court of Missouri · 1882
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3Cited by41 opinions
- Clark v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1909
- Herbert & Brooner Construction Co. v. GoldenMissouri Court of Appeals · 1973
- Rude v. MitchellSupreme Court of Missouri · 1888
- James v. Oakland Traction Co.California Court of Appeal · 1909
- Russell v. GrantSupreme Court of Missouri · 1894
36 more not listed; retrieve them via the Exa API.