Hannibal & St. Joseph Railroad v. Brown
Supreme Court of Missouri
Jlppeal from Fourth District Court. The facts appear in tbe opinion of the court. , I. The demurrer of defendants ivas improperly sustained. After the reversal of judgment in the cáse of Brown v. Plaintiff, defendant’s title failed, and plaintiff was entitled to have sheriff’s deed to defendant set aside. (Grott v. Powell et al., 41 Mo. 416 ; 15 Wis. 289; Simmons v. Catlin, 2 Caines, 62; Harrison v. Doe, 2 Black, 2.) II.
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Jlppeal from Fourth District Court. The facts appear in tbe opinion of the court. , I. The demurrer of defendants ivas improperly sustained. After the reversal of judgment in the cáse of Brown v. Plaintiff, defendant’s title failed, and plaintiff was entitled to have sheriff’s deed to defendant set aside. (Grott v. Powell et al., 41 Mo. 416 ; 15 Wis. 289; Simmons v. Catlin, 2 Caines, 62; Harrison v. Doe, 2 Black, 2.) II. It ifc admitted that mere inadequacy of consideration is not of itself sufficient to justify a court in setting asido a sheriff’s sale. “ Still, however, there may be such…
1Opinion of the CourtWagner, Judge
It is deemed unnecessary to notice all the questions that have been raised by counsel, as the determination of one point is decisive of the case. Among other things, the petition alleges that at the October term, 1863, of the Linn County Circuit Court, the defendant Brown recovered judgment against the plaintiff for the sum of $105 for his debt and damages, and $39.15 for his costs; and that the plaintiff here, defendant in said suit, took an appeal from the judgment of the Circuit Court to the Supreme Court; and that the Supreme Court, at the February term thereof, 1866, reversed said…
2Cases cited2 opinions
- Gott v. PowellSupreme Court of Missouri · 1867
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
3Cited by29 opinions
- Johnson v. McKinnonSupreme Court of Florida · 1907
- Davis v. McCannSupreme Court of Missouri · 1898
- Cobb v. DaySupreme Court of Missouri · 1891
- Guinan v. DonnellSupreme Court of Missouri · 1907
- Harlin v. NationSupreme Court of Missouri · 1894
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