Davis v. Peveler
Supreme Court of Missouri
Error to Montgomery Circuit Court—Hon. Gilchrist Porter, Judge. I. The defendant ought not to have been allowed to prove that he had bought plaintiff's title at sheriff’s sale. That defense ought to have been specially pleaded. Northrwp v. Miss. Valley Ins. Co., 47 Mo. 443; Kishaddon v. Jones, [last term, not reported,] 2nd Wag.
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Error to Montgomery Circuit Court—Hon. Gilchrist Porter, Judge. I. The defendant ought not to have been allowed to prove that he had bought plaintiff's title at sheriff’s sale. That defense ought to have been specially pleaded. Northrwp v. Miss. Valley Ins. Co., 47 Mo. 443; Kishaddon v. Jones, [last term, not reported,] 2nd Wag. Stat. 1015, 812. Russell v. Whitely, 59 Mo. 196; Eunkhouser v. Mallen, 62 Mo. 555; Brown v. Brown, 45 Mo. 412; Myers v. Gale, 45 Mo. 416, and Carter v. Scaggs, 38 Mo. 302 were decided under the Statute 2nd Wagner 1015 §12, but on the facts of each special case. II.…
1Opinion of the CourtNorton, J.
This was an act of ejectment, in the Montgomery County Circuit Court, for the recovery of the possession of one hundred and forty-four ^ acres of land in said county. The petition is in usual form, and the answer contains a general denial. On the trial defendánts obtained judgment, and plaintiff brings the case here by writ of error. There was no dispute as to plaintiff having once had the legal title to the land sued for; but defendants claimed that they had purchased his title at a sale made by the sheriff of Montgomery county, under an order made by the county court of said county,…
2Cases cited2 opinions
- Carter v. ScaggsSupreme Court of Missouri · 1866
- Meyers v. GaleSupreme Court of Missouri · 1870
3Cited by1 opinion
- Patton v. FoxSupreme Court of Missouri · 1902