Mobley v. Nave
Supreme Court of Missouri
Appeal from Baehanan Circuit Court. — I-Ion. Jos. P. Grubb, Judge. 1. Parol evidence was admissible for the purpose of proving that a clerical error had been made in entering the order of adjournment of the probate court, and that the adjournment was in fact to the 18th and not to the 19th. 2. Defendant Nave, being the owner of the two judgments, which were a prior lien upon the lots in controversy, and under the law having the right to subject them to the payment of his…
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Appeal from Baehanan Circuit Court. — I-Ion. Jos. P. Grubb, Judge. 1. Parol evidence was admissible for the purpose of proving that a clerical error had been made in entering the order of adjournment of the probate court, and that the adjournment was in fact to the 18th and not to the 19th. 2. Defendant Nave, being the owner of the two judgments, which were a prior lien upon the lots in controversy, and under the law having the right to subject them to the payment of his debts, and the plaintiff having no right, either legal, equitable or moral, to get the property until the debts of the…
1Opinion of the CourtHough, J.
— This was an action of ejectment instituted November 13th, 1872. The plaintiff, Myra H. Mobley, is the only child and heir of John II. Lykins, who died intestate seized of the property in dispute. Before the death of Lykins the defendant became the owner of two judgments against him, one for the sum of $1,221.54, and another for the sum of $470.56, both rendered on the 18th of March, 1859, bearing interest at the rate of ten per cent., which were liens on the lot sued for. On petitions filed March 15th, 1862, for that purpose, theliens of these judgments were revived. The foregoing judgments…
2Cases cited4 opinions
- Medlin v. Platte CountySupreme Court of Missouri · 1843
- Dennison v. County of St. LouisSupreme Court of Missouri · 1862
- Milan ex rel. Crockett v. PembertonSupreme Court of Missouri · 1849
- McClurg v. DollarhideSupreme Court of Missouri · 1873
3Cited by10 opinions
- Rains v. MoulderSupreme Court of Missouri · 1936
- Price v. Springfield Real-Estate Ass'nSupreme Court of Missouri · 1890
- State ex rel. Klotz v. RossSupreme Court of Missouri · 1893
- Henderson v. LangleySupreme Court of Missouri · 1882
- Hannibal & St. Joseph Railroad v. ShortridgeSupreme Court of Missouri · 1885
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