Meyer v. Nickerson
Supreme Court of Missouri
Appeal from the Chariton Circuit Court. — Hon. GK D. Burgess, Judge. This is an action of ejectment for a tract of land in Chariton county. Plaintiff claims title under a sheriff’s deed conveying to him thirty-five acres regularly levied upon and sold as the property of defendant to satisfy certain judgments of the circuit court.
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Appeal from the Chariton Circuit Court. — Hon. GK D. Burgess, Judge. This is an action of ejectment for a tract of land in Chariton county. Plaintiff claims title under a sheriff’s deed conveying to him thirty-five acres regularly levied upon and sold as the property of defendant to satisfy certain judgments of the circuit court. The answer admits defendant’s possession and justifies it by alleging the following facts : “ The land In controversy is part of eighty acres owned by defendant Nickerson, to which he has had a recorded title deed for thirty years, and upon which he has resided with…
1Opinion of the CourtBarclay, J.
The facts of this case, upon which the judgment of the trial court was had, and upon which ours is asked, are conceded.
Plaintiff is the purchaser at a sheriff’s sale, had upon execution regularly issued and levied on lands of the defendant. After the levy, a claim of homestead having been made by defendant,' the sheriff, having the execution in charge, appointed appraisers to set apart such homeste’ad of defendant. This they did, and made report thereof in due form, designating the homestead particularly ; .of which facts, and of his subsequent sale of the remainder of the land levied upon,…
2Cases cited2 opinions
- State ex rel. Sligo Iron Store Co. v. MasonSupreme Court of Missouri · 1885
- Lallement v. DetertSupreme Court of Missouri · 1888
3Cited by6 opinions
- Barton v. WalkerSupreme Court of Missouri · 1901
- Franklin v. ComerSupreme Court of Alabama · 1911
- Bachman v. HurttWyoming Supreme Court · 1919
- Houf v. Brown & ShenkleMissouri Court of Appeals · 1902
- Murphy v. WilsonMissouri Court of Appeals · 1900
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