Waddell v. Williams
Supreme Court of Missouri
Appeal from Lafayette Court of Common Pleas. The only question before this court is, has the defendant saved enough upon the record to ask the interposition of this court ? The facts are, beyond doubt, for the defendant. We contend that he has. (Scott v. Brockway, 7 Mo. 61; Bauer v. Bauer, 40 Mo. 61; Morris'v. Barnes, 85 Mo. 412 ; Bransteter v. Rives, 84 Mo. 818-321.) Defendant’s motion for a new trial brought this matter properly before the Court.
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Appeal from Lafayette Court of Common Pleas. The only question before this court is, has the defendant saved enough upon the record to ask the interposition of this court ? The facts are, beyond doubt, for the defendant. We contend that he has. (Scott v. Brockway, 7 Mo. 61; Bauer v. Bauer, 40 Mo. 61; Morris'v. Barnes, 85 Mo. 412 ; Bransteter v. Rives, 84 Mo. 818-321.) Defendant’s motion for a new trial brought this matter properly before the Court. The evidence in this case mainly consists of deeds and other-documents, and it was the duty of the court, as a matter of law, to construe them…
1Opinion of the CourtBliss, Judge
The plaintiffs bring ejectment, and derive title from one Dickson, through a mortgage executed November 18, 1863, and a sheriff’s deed to them of October 4, 1869, given upon sale under a foreclosure of the mortgage.
Defendant also derives title from Dickson, through a sheriff’s sale upon execution against him. The judgment satisfied by the execution was originally recovered before a justice of the peace in July, 1862; a transcript was filed in the Circuit Court on the 2d of February, 1863. An execution directed to a constable having been returned nulla bona, one was issued to the sheriff on…
2Cases cited13 opinions
- Thatcher v. PowellSupreme Court of the United States · 1821
- Easley v. ElliottSupreme Court of Missouri · 1869
- Wilson v. North Missouri RailroadSupreme Court of Missouri · 1870
- Tanner v. StineSupreme Court of Missouri · 1853
- Carr v. YouseSupreme Court of Missouri · 1866
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3Cited by10 opinions
- Sappington v. LenzMissouri Court of Appeals · 1893
- Sieferer v. City of St. LouisSupreme Court of Missouri · 1897
- Brown v. WalkerMissouri Court of Appeals · 1881
- Knapp, Stout & Co. v. StandleyMissouri Court of Appeals · 1891
- Whitman v. TaylorSupreme Court of Missouri · 1875
5 more not listed; retrieve them via the Exa API.