Massey v. Young
Supreme Court of Missouri
Appeal from Franklin Circuit Court. — Hon. A. J. Seay, Judge. This was a suit brought by Jane Massey against Isaac N. Young, Thaddeus A. Lowe and Wm. Kelso.
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Appeal from Franklin Circuit Court. — Hon. A. J. Seay, Judge. This was a suit brought by Jane Massey against Isaac N. Young, Thaddeus A. Lowe and Wm. Kelso. The petition set forth that plaintiff was the owner of an undivided one-third interest in sevei'al tracts of land in Eranklin county, fully describing them; that in November, 1872, defendant Young recovered a judgment against plaintiff for $226.82 and costs, on which he caused an execution to be issued, and on the 1st day of November, 1873, had said 'lands sold under said execution ; that there was no competition at said sale, and the…
1Opinion of the Court
I
Sherwood, O. J.
The ruling was erroneous which refused permission to introduce the sheriff’s deed to Kelso, and the execution and return thereon. The deed was by law prima facie evidence of the recitals it contained. Without its introduction, plaintiff had no standing in court. And the return on the execution was presumptively true as to the statements therein made, even against strangers.. Burgert v. Borchert, 59 Mo. 80, and cases cited.
II
No doubt is entertained that it was competent for Stephen Erazee, the alleged bidder, to transfer his bid to defendant Kelso. By mutual consent the bidder…
2Cases cited4 opinions
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Hopkins ex rel. Williams v. SievertSupreme Court of Missouri · 1874
- Worland v. KimberlinCourt of Appeals of Kentucky · 1846
- Jamison v. TudorCourt of Appeals of Kentucky · 1843
3Cited by16 opinions
- Snyder v. FreeSupreme Court of Missouri · 1893
- Bensieck v. CookSupreme Court of Missouri · 1892
- Springer v. KleinsorgeSupreme Court of Missouri · 1884
- Reed v. MunnCourt of Appeals for the Eighth Circuit · 1906
- Shepherd v. WoodsonSupreme Court of Missouri · 1959
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