Daniel C. Young & Co. v. Ruth
Supreme Court of Missouri
Error to Livingston Circuit Court. I. The court erred in holding, that by the sale under the proceedings at law Moore acquired a fee simple title to the land purchased by him.
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Error to Livingston Circuit Court. I. The court erred in holding, that by the sale under the proceedings at law Moore acquired a fee simple title to the land purchased by him. (Thornton vs. Pigg, 24 Mo., 249; Lumley vs. Robinson, 26 Mo., 364; Jackson vs. Hull, 10 Johns., 481.) I. The plaintiffs, having once had judgment for this debt, and against this land, and having had the same sold in satisfaction of part of the debt, cannot afterwards proceed against the same land in the hands of a purchaser under the first judgment. (Buford vs. Smith, 1 Mo., 489; Miles vs. Davis, 19 Mo., 408.) II.…
1Opinion of the CourtAdams, Judge
This was an action to foreclose a deed of trust. The case stands here upon a demurrer to plaintiffs’ petition, which was sustained by the court, and final judgment rendered thereon against the plaintiffs.
The facts as set forth in the petition are, that the defendant, Buth, and one Buchanan were indebted to the plaintiffs? for whieh they executed their several promissory notes payable at different times; and that the defendant; Buth, in 1860 executed a deed of trust to secure these debts. The deed of trust was executed to Wm. Y. Slack, as trustee, who after-wards died without executing the…
2Cases cited3 opinions
- Thornton v. PiggSupreme Court of Missouri · 1857
- Carriger's Administrator v. Whittington's AdministratorSupreme Court of Missouri · 1858
- McNair v. O'FallonSupreme Court of Missouri · 1843