Littlefield v. Ramsey
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — How. W. L. Jarrott, Judge. (1) A defendant in execution, and those acquiring possession under him, can not defeat the recovery in ejectment of a purchaser at a sheriff’s sale by setting up an outstanding title.
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Appeal from Johnson Circuit Court. — How. W. L. Jarrott, Judge. (1) A defendant in execution, and those acquiring possession under him, can not defeat the recovery in ejectment of a purchaser at a sheriff’s sale by setting up an outstanding title. The purchaser buys the possession, if nothing more, and the defendant must give up the possession; and a person holding under the defendant in the execution or getting possession from him, stands in no better attitude than the defendant in the execution. The above rule applies with greater force and reason where, as in this case, the defendant in…
1Opinion of the CourtBurgess, J.
This is an action of ejectment for the possession of twelve lots of land, being all of block 1 in Workman’s addition to the railroad extension to Knobnoster, Johnson county. The petition is in the usual form, and the answer a general denial. Ouster is laid as of December 5,1899. Defendants had judgment in the court below, from which plaintiff appeals.
The defendants are husband and wife. Andrew M. Ramsey acquired title to the land by deed on the eighteenth day of May, 1889, and filed the deed for record in the recorder’s office of Johnson county on the fifteenth day of January, 1890. On the…
2Cases cited18 opinions
- Lindsay v. LindsayIndiana Supreme Court · 1874
- Emerson v. AtwaterMichigan Supreme Court · 1859
- Boon v. BowersMississippi Supreme Court · 1855
- Samuels v. SheltonSupreme Court of Missouri · 1871
- Franse v. OwensSupreme Court of Missouri · 1857
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3Cited by5 opinions
- Scharff v. McGaughSupreme Court of Missouri · 1907
- Ables v. WebbSupreme Court of Missouri · 1905
- Quirk v. SandersMissouri Court of Appeals · 1984
- Thieman Bros. v. BodineMissouri Court of Appeals · 1947
- Bick v. ParisMissouri Court of Appeals · 1907