Tennent v. Pruitt
Supreme Court of Missouri
Appeal from Taney Circuit Court. — Hon. W. F. Geig-er, Judge. (1)In order to authorize a recovery in ejectment against an execution debtor, it is only necessary to show that at the time of the levy and sale the defendant, or execution debtor, was in possession of the land in suit and was in such possession at the bringing of the suit.
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Appeal from Taney Circuit Court. — Hon. W. F. Geig-er, Judge. (1)In order to authorize a recovery in ejectment against an execution debtor, it is only necessary to show that at the time of the levy and sale the defendant, or execution debtor, was in possession of the land in suit and was in such possession at the bringing of the suit. (2) In order to protect a homestead from a> debt there must not only be a deed to the claimant, but the deed must be duly filed on record, and must have been so filed before the debt accrued. Bhindler v. Givens, 63 Mo. 394; Griswold v. Johnson, 22 Mo. App. 466.…
1Opinion of the CourtNorton, C. J.
This suit is by ejectment to recover the possession of certain land in Taney county. The land is described as the west half of the northeast fractional quarter, of section 12, township 22, range 20, being on the right bank of White river, descending. In support of their title, plaintiffs put in evidence a sheriff5 s deed, dated April, 1883, conveying to plaintiffs all the right, title, and interest of defendant, Pruitt, in and to the land in controversy. It appears from this deed that, on the seventh of October, 1881, plaintiffs obtained judgment in the Taney county circuit court against…
2Cases cited1 opinion
- Farra v. QuiglySupreme Court of Missouri · 1874
3Cited by6 opinions
- Stinson v. CallSupreme Court of Missouri · 1901
- Barton v. WalkerSupreme Court of Missouri · 1901
- Kennedy's Administrator v. DuncanMissouri Court of Appeals · 1911
- Ferm v. CrenshawMissouri Court of Appeals · 1971
- Lewis v. BarnesSupreme Court of Missouri · 1917
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