Boyd v. Jones
Supreme Court of Missouri
' Appeal from, Lafayette Circuit Court. There are no recitals in the deed as to how Price got out of office, or showing that Adamson had any authority to make this deed. If Price was out of office as contemplated by section 58 of the execution law (Wagn.
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' Appeal from, Lafayette Circuit Court. There are no recitals in the deed as to how Price got out of office, or showing that Adamson had any authority to make this deed. If Price was out of office as contemplated by section 58 of the execution law (Wagn. Stat. 612, § 58), then it was clearly the duty of Adamson to receive the executions, “ and proceed to execute the same in the same manner as if such writs had béen originally directed to him;” and to do this he must have made a levy, which he did not do, or at least there is no recitation .that he did. I£ Price was out of office as…
1Opinion of the CourtAdams, Judge
This was an action of ejectment for lands in Lafayette county, brought by respondents, as purchasers at execution sale, against the appellant, Alfred Jones, defendant in the judgment and execution under which the sale was made. Thomas Jones was, after the commencement of the suit, on his own application, made a co-defendant. The answer denied the respondents’ right to the possession, etc. The respondents, to maintain their right to the possession, produced a sheriff’s deed, the recitals of which show that at the May term, 1864, several judgments had been rendered in the Lafayette Circuit…
2Cases cited2 opinions
- Stewart v. SeveranceSupreme Court of Missouri · 1869
- Page v. HillSupreme Court of Missouri · 1847
3Cited by4 opinions
- Benton Land Co. v. ZeitlerSupreme Court of Missouri · 1904
- Hurd v. ChappellMissouri Court of Appeals · 1902
- Littlefield v. RamseySupreme Court of Missouri · 1904
- Gritchell v. KreidlerMissouri Court of Appeals · 1882