Graves v. Ewart
Supreme Court of Missouri
Appeal from Gentry Circuit Court. — Ros. C. EL S. Goodman, Judge. If the judgment against Graves and Ewart was void, and if these plaintiffs were not parties to that suit, and if the legal title to the lands is in plaintiffs as alleged in the petition, then they have no standing in a court of equity to set aside this judgment or the sheriff’s deed, or any of the mesne conveyances mentioned in the petition. Fontaine v. Hudson, 93 Mo. 62; Bear v. Toungman, 19 Mo.
Read the full summary
Appeal from Gentry Circuit Court. — Ros. C. EL S. Goodman, Judge. If the judgment against Graves and Ewart was void, and if these plaintiffs were not parties to that suit, and if the legal title to the lands is in plaintiffs as alleged in the petition, then they have no standing in a court of equity to set aside this judgment or the sheriff’s deed, or any of the mesne conveyances mentioned in the petition. Fontaine v. Hudson, 93 Mo. 62; Bear v. Toungman, 19 Mo. App. 42; Railroad Co. v. Reynolds, 89 Mo. 146; Holland v. Johnson, 80 Mo. 34; Odell v. Odell, 73 Mo. 289; Davis v. Sloan, 95 Mo. 552.…
1Opinion of the CourtBlack, J.
This is a suit in equity to set aside a judgment rendered in the DeKalb circuit court, and to cancel a deed made by virtue of a sale under an execution issued upon that judgment. The court granted the prayer of the petition, and also set aside other deeds to subsequent purchasers.
The history of the title on the one side and the other, prior to the judgment and deeds which were set aside by the decree of the court, is as follows : The land in suit consists of one hundred and twenty acres in DeKalb county. Benjamin Graves owned this land, and other lands in Atchison county. He died a resident…
2Cases cited6 opinions
- Williams v. HudsonSupreme Court of Missouri · 1887
- Mason v. BlackSupreme Court of Missouri · 1885
- Keith v. KeithSupreme Court of Missouri · 1888
- Bollinger v. ChouteauSupreme Court of Missouri · 1854
- Crosley v. HuttonSupreme Court of Missouri · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State ex rel. Potter v. RileySupreme Court of Missouri · 1909
- Sneathen v. SneathenSupreme Court of Missouri · 1891
- Jaicks v. SullivanSupreme Court of Missouri · 1895
- Blevins v. SmithSupreme Court of Missouri · 1891
- Morris v. HanssenSupreme Court of Missouri · 1934
15 more not listed; retrieve them via the Exa API.