Burnett v. McCluey
Supreme Court of Missouri
Appeal from Dade Circuit Court. —Hon. Chas. Gr. Burton, Judge. (1) Tbe judgment of tlie Bade circuit court, in tlie cause of the Merchants' Bank of St. Louis v. John N. Ferguson and Marshall G. Stephens, was not void, and the sheriff’s deed thereunder should have been admitted in evidence, and appellant’s first declaration of law should have been given, and respondent’s seventh should, have been refused. Kane r.
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Appeal from Dade Circuit Court. —Hon. Chas. Gr. Burton, Judge. (1) Tbe judgment of tlie Bade circuit court, in tlie cause of the Merchants' Bank of St. Louis v. John N. Ferguson and Marshall G. Stephens, was not void, and the sheriff’s deed thereunder should have been admitted in evidence, and appellant’s first declaration of law should have been given, and respondent’s seventh should, have been refused. Kane r. McKoun, 55 Mo. 181-200; Freeman v. Thompson, 53 Mo. 183; QiUceson r. Knight, 71 Mo. 403-405; Cooper ®. Reynolds, 10 Wall. 308-316-17-19. Also all the authorities cited under the…
1Opinion of the CourtBlack, J.
This was an action of ejectment for the undivided half of three hundred and twenty acres of land in Dade county. Both parties claim title from John N. Ferguson, who died in 1868. The plaintiff put in evidence a deed from the widow and heirs of Ferguson, •dated January 13, 1875.
The defendant put in evidence a sheriff’s deed, dated April 28, 1866, upon which he relies for title.
To defeat the sheriff’s deed the plaintiff read in evidence the petition, judgment, execution, and proceedings upon which it was based; and from which it appears that, on the fifth of August, 1865, the Merchants National…
2Cases cited10 opinions
- Kane v. McCownSupreme Court of Missouri · 1874
- Hardin v. LeeSupreme Court of Missouri · 1873
- Burnett v. McClueySupreme Court of Missouri · 1883
- Bray v. McClurySupreme Court of Missouri · 1874
- Cannon v. McManusSupreme Court of Missouri · 1852
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3Cited by21 opinions
- Milner v. ShipleySupreme Court of Missouri · 1887
- Robertson v. RobertsonSupreme Court of Missouri · 1917
- Avery v. GoodSupreme Court of Missouri · 1893
- Givens v. HarlowSupreme Court of Missouri · 1913
- State Ex Rel. Rabiste v. SouthernSupreme Court of Missouri · 1923
16 more not listed; retrieve them via the Exa API.