Legal Opinion

Davison v. Robertson

Supreme Court of Missouri

Decided October 15, 1877PublishedCited by 3 opinions

Appeal from Andreio Circuit Court — ITon. Henry S. Kelley, Judge. This is a suit to divest the defendant of all title to the n e qr., n w qr. Sec. 15, T. 61, R. 36, in Andrew county, and to have the same vested in plaintiff, and for general relief.

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Appeal from Andreio Circuit Court — ITon. Henry S. Kelley, Judge. This is a suit to divest the defendant of all title to the n e qr., n w qr. Sec. 15, T. 61, R. 36, in Andrew county, and to have the same vested in plaintiff, and for general relief. It appeared that prior to 1860 this tract of land was owned by one Jacob Bird, who having died intestate, leaving several children, one of them, Eli, bought out the interests of all the others, but by mistake their deed to him described the land as lying in section 14 instead of section 15. On the 9th day of January, 1860, Eli conveyed the land by…

1Opinion of the CourtN'apton, J.

This case presents difficulties growing out of a somewhat novel and peculiar state of facts. The defendant went into possession of the land in dispute, in 1864, under a sheriff's deed, based on a valid judgment, but of no validity itself, because of the levy of the execution having been made after the return day of the writ. There could be no difficulty in applying to this case the principles decided in Howard v. North, (5 Texas 315,) following various decisions in Kentucky, Louisiana and South Carolina, and followed by this court in Valle v. Fleming, (29 Mo. 152,) and McLean v. Martin, (45…

2Cases cited2 opinions

  1. Vallé's Heirs v. Fleming's HeirsSupreme Court of Missouri · 1859
  2. McLean v. MartinSupreme Court of Missouri · 1870

3Cited by3 opinions

  1. McDaniel v. Springfield Waterworks Co.Missouri Court of Appeals · 1892
  2. Ewing v. Board of EducationSupreme Court of Missouri · 1880
  3. Pike v. RobertsonSupreme Court of Missouri · 1883

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