Davis v. McCann
Supreme Court of Missouri
Appeal from, Rowell Circuit Court. — Hon. W. N. Evans, Judge. (1) Appellant’s objection to the introduction of any evidence under the petition should have been sustained. The alleged facts on which recovery is sought are that the elerk issued the execution without direction, inadequacy of consideration, and some vague, indefinite statement as to misdescription. These facts, if true, will not authorize the setting aside of deeds under judicial sales.
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Appeal from, Rowell Circuit Court. — Hon. W. N. Evans, Judge. (1) Appellant’s objection to the introduction of any evidence under the petition should have been sustained. The alleged facts on which recovery is sought are that the elerk issued the execution without direction, inadequacy of consideration, and some vague, indefinite statement as to misdescription. These facts, if true, will not authorize the setting aside of deeds under judicial sales. This is not a motion to set aside a sale before the deed is executed, but is a suit to set aside a deed and is presumed to be based on some…
1Opinion of the CourtBurgess, J.
This is a proceeding by bill in equity to set aside a sheriff’s sale, and deed to certain land described in said deed, which was sold by said sheriff under the following circumstances.
Plaintiff sold to one J. R. Donneworth a farm of forty acres of land in Howell county, Missouri, for $2,400, on which there was paid at the time $1,050, and to secure the payment of the balance of the purchase money, Donneworth and his wife executed to plaintiff on the fourth day' of April, 1884, their note for $1,350 payable twelve months thereafter secured by mortgage on the land. When the note became due…
2Cases cited8 opinions
- Hannibal & St. Joseph Railroad v. BrownSupreme Court of Missouri · 1869
- Cobb v. DaySupreme Court of Missouri · 1891
- Rogers & Baldwin Hardware Co. v. Cleveland Building Co.Supreme Court of Missouri · 1896
- Knoop v. KelseySupreme Court of Missouri · 1894
- Cole County v. MaddenSupreme Court of Missouri · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Mangold v. BaconSupreme Court of Missouri · 1911
- Hanson v. NealSupreme Court of Missouri · 1908
- Bussen Realty Co. v. BensonSupreme Court of Missouri · 1942
- Ragan v. LooneySupreme Court of Missouri · 1964
- Guinan v. DonnellSupreme Court of Missouri · 1907
19 more not listed; retrieve them via the Exa API.