Mabary v. Dollarhide
Supreme Court of Missouri
Appeal from Hickory Circuit Court. — Hon. W. I. Wallace, Judge. (1) The court erred in admitting in evidence, as color of title, the collectors’ and sheriff’s deeds to Wm. Dollarhide.
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Appeal from Hickory Circuit Court. — Hon. W. I. Wallace, Judge. (1) The court erred in admitting in evidence, as color of title, the collectors’ and sheriff’s deeds to Wm. Dollarhide. (2) The court erred in refusing plaintiffs’ instructions numbers 2, 7 and 21. (3) The court erred in admitting in evidence the entry of abstract in book “E,” page 138, of the records of Hickory county for the purpose of showing that interlineations and erasures had been made in deed offered by the plaintiff. (4) The court erred in admitting in evidence the petition, instructions and judgment in case of…
1Opinion of the CourtBlack, J.
— This is an action of ejectment for one hundred and twenty acres of land in Hickory county. The suit was commenced in April, 1883, and the plaintiffs and appellants are the heirs of John Mabary deceased. The title is conceded to have been in A. H. Foster.
*200James R. Wilson, as administrator of the Mabary estate, sued Foster for a debt due the estate and caused the land to be attached in June, 1864. It was sold under a judgment recovered in ■ that suit, and Wilson became the purchaser taking the deed to himself as administrator. The sale was made in September, 1865, and the deed is dated August,…
2Cases cited6 opinions
- Adair v. AdairSupreme Court of Missouri · 1883
- Doe ex dem. Kennedy's Heirs v. ReynoldsSupreme Court of Alabama · 1855
- Gower v. QuinlanMichigan Supreme Court · 1879
- Smith v. TrabueU.S. Circuit Court for the District of Kentucky · 1830
- McClurg v. DollarhideSupreme Court of Missouri · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Patterson v. BoothSupreme Court of Missouri · 1890
- Manning v. Kansas & Texas Coal Co.Supreme Court of Missouri · 1904
- Stephenson v. Van BloklandOregon Supreme Court · 1911
- Barrell v. Title Guarantee Co.Oregon Supreme Court · 1895
- Bessler v. Powder River Gold Dredging Co.Oregon Supreme Court · 1918
15 more not listed; retrieve them via the Exa API.