Dodson v. Lomax
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. D. Hubbabd, Judge. ^(1) The sheriff is npt the real party in interest. All parties in interest should have been joined.
Read the full summary
Appeal from Greene Circuit Court. — Hon. W. D. Hubbabd, Judge. ^(1) The sheriff is npt the real party in interest. All parties in interest should have been joined. Mitford and Tyler’s Pleading & Practice in Equity, pp. 16, 19, 20, 26, 36, 37, 256; 1 Daniels on Chancery Pleading and Practice [Perkins 2 Ed.] pp. 45, 249, 250, 253, 261, 273; Raley v. Bagley^ 37 Mo. 363; Siemers v. Kleeburg, 56 Mo. 196; Bunhlin Co', v. Clarh, 51 Mo. 60; Moore v. Munn, 69 Ill. 591; Pence v. Pence, 13 N. J. Eq. 257; Stone v. Rale, 52 Am. Dec. 185. (2) In order to entitle the proper plaintiff to recover herein, the…
1Opinion of the Court
'Gantt, P. J.
This is a suit in equity commenced by the plaintiff, who is sheriff of Greene county, to correct a mistake made by him in a deed to defendant. E. C. Poster and A. M. Poster borrowed certain school money from Greene county and executed an ordinary school mortgage to the county, conveying lots 13 and 14, in Poster’s second addition to the city of Springfield.
Having made default, the county court duly made an order of sale. The plaintiff, as sheriff, received the order, gave the regular notice and, in full conformity therewith, sold lot 14 only, as that lot brought a sum sufficient…
2Cases cited7 opinions
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Rogers v. TuckerSupreme Court of Missouri · 1887
- Snider v. Adams Express Co.Supreme Court of Missouri · 1883
- Kelly v. ThueySupreme Court of Missouri · 1890
- Higgins v. ParsonsCalifornia Supreme Court · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Metropolitan Street Railway Co. v. Adams Express Co.Missouri Court of Appeals · 1910
- Devers v. HowardMissouri Court of Appeals · 1901
- Haase v. Nelson Distilling Co.Missouri Court of Appeals · 1895
- Dillard v. JonesIllinois Supreme Court · 1907
7 more not listed; retrieve them via the Exa API.