Bobb v. Graham
Missouri Court of Appeals
Appeal from tbe St. Louis Circuit Court, Thayer, J. The court erred in admitting in evidence the sheriff’s deed to John H. Bobb, based upon the sale of the property levied upon under the execution in the case of Lewis v. Bobb, because plaintiff is .estopped by the decree in partition in the case of Zelle v. Bobb from asserting any right, title, or interest as against the title vested in Cora B. Taylor to the land in question in the final decree in partition. — Murray v.…
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Appeal from tbe St. Louis Circuit Court, Thayer, J. The court erred in admitting in evidence the sheriff’s deed to John H. Bobb, based upon the sale of the property levied upon under the execution in the case of Lewis v. Bobb, because plaintiff is .estopped by the decree in partition in the case of Zelle v. Bobb from asserting any right, title, or interest as against the title vested in Cora B. Taylor to the land in question in the final decree in partition. — Murray v. Yates, 73 Mo. 13; Border v. Davis, 38 Mo. 115 ; Picot v. Page, 26 Mo. 421; Venable v. Beauchamp, 3 Dana, 324; Van Horn v.…
1Opinion of the CourtBakewell, J.
This was ejectment for a lot in St. Louis, in block 189, fronting twenty-two feet on Walnut Street, by eighty feet deep.
The answer admitted the possession of defendant Graham as tenant of defendant Taylor, and, after a plea of not guilty, set up as matter of special defence, that, in August, 1870; one Zelle brought an action of partition, in the circuit court against plaintiff, defendant Taylor and her husband, and Philip, Charles H. and Irene Bobb, to make partition of lands of which the lot in controversy was a part; that all the parties to that action appeared; and, that, by final decree…
2Cases cited14 opinions
- Stewart v. SeveranceSupreme Court of Missouri · 1869
- Forder v. DavisSupreme Court of Missouri · 1866
- Parkinson v. CaplingerSupreme Court of Missouri · 1877
- Woods v. HilderbrandSupreme Court of Missouri · 1870
- Boggess v. CoxSupreme Court of Missouri · 1871
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3Cited by5 opinions
- Hagemann v. PinskaMissouri Court of Appeals · 1931
- Pence v. Gabbert's AdministratorMissouri Court of Appeals · 1897
- State ex rel. Love v. NewtonMissouri Court of Appeals · 1887
- Flynn v. EdwardsU.S. Circuit Court for the District of Western Missouri · 1888
- Mathewson v. FredrichSouth Dakota Supreme Court · 1905