Lovitt v. Russell
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) This proceeding is a collateral attack on a judgment, hence unless the circuit court was absolutely without jurisdiction, the judgment will be held valid; irregularities, if any, will not affect the same; if the judgment was irregular or voidable, but not void, it will support the execution and sale, and the sheriff’s deed will vest title in the purchaser.
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Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) This proceeding is a collateral attack on a judgment, hence unless the circuit court was absolutely without jurisdiction, the judgment will be held valid; irregularities, if any, will not affect the same; if the judgment was irregular or voidable, but not void, it will support the execution and sale, and the sheriff’s deed will vest title in the purchaser. Charley v. Kelley, 120 Mo. 134; Burke v. Kansas City, 118 Mo. 309; 23 S. W. Eep. 613; Wellshear v. Kelley, 69 Mo. 351; Allen v. Mc~ Cale, 93 Mo. 143; Mason v. Messenger et…
1Opinion of the CourtG-antt, P. J.
This was a suit brought by the plaintiff to quiet title to all of lot ninety, Altamont, in Kansas City, Missouri, except five feet off the east end of said lot, and to have a sheriff’s deed held and declared void.
The controversy arises over proceedings to condemn five feet off the east end of lot ninety, Altamont, for the purpose of widening Brooklyn avenue in said city. The proceedings were begun in the mayor’s court of the city of Kansas, in pursuance of the charter, on July 10, 1888, at which time the title to said lot was in Zachariah F. Arnold, Cornelius Maloney, Charles Finley, Martin…
2Cases cited6 opinions
- Morrill v. MorrillOregon Supreme Court · 1890
- Lingo v. BurfordSupreme Court of Missouri · 1892
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
- Gray v. BowlesSupreme Court of Missouri · 1881
- Posthlewaite v. GhiselinSupreme Court of Missouri · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State Ex Rel. Conant v. TrimbleSupreme Court of Missouri · 1925
- State Ex Rel. Van Hafften v. EllisonSupreme Court of Missouri · 1920
- Abernathy Ex Rel. Shepard v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1921
- Dehatre v. RuenpohlSupreme Court of Missouri · 1937
- Sanzenbacher v. SanthuffSupreme Court of Missouri · 1909
7 more not listed; retrieve them via the Exa API.