Eversmeyer v. Broyles
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. —Hon. E. S. Gantt, Judge. (1) The description of the lands adjudged to. be recovered in the judgment in the ejectment suit is so vague and uncertain as to 'render the judgment utterly void and subject to collateral attack.
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Appeal from Montgomery Circuit Court. —Hon. E. S. Gantt, Judge. (1) The description of the lands adjudged to. be recovered in the judgment in the ejectment suit is so vague and uncertain as to 'render the judgment utterly void and subject to collateral attack. It is impossible t.o say, under any rule of interpretation that might be adopted, whether it was intended to adjudge the recovery of lands in Fractional Section 28’ or lands in Survey 1744; and if interpreted^to adjudge the recovery of lands in Fractional Section 2.8, no marks, monuments or physical objects are given to guide the…
1Opinion of the Court
The plaintiff brought suit in the Circuit Court of Lincoln County to enjoin the levy of an execution and the annulment of the judgment upon which the execution was issued. The case in which the judgment was rendered was ejectment. The defendant here W.W. Broyles was plaintiff, and the plaintiff here was defendant. It is alleged that the defendant, Richard T. Bennett, sheriff of Lincoln County, is about to serve the execution.
The bill of plaintiff sets out the pleadings, proceedings and judgments in the case of Broyles v. Eversmeyer.
The petition in that case stated a cause of action in…
2Cases cited5 opinions
- Brummell v. HarrisSupreme Court of Missouri · 1899
- Kronenberger v. HoffnerSupreme Court of Missouri · 1869
- Granby Mining & Smelting Co. v. DavisSupreme Court of Missouri · 1900
- Smith v. Catlin Land & Improvement Co.Supreme Court of Missouri · 1893
- Bradshaw v. EdelenSupreme Court of Missouri · 1906
3Cited by2 opinions
- Tillman v. HutchersonSupreme Court of Missouri · 1941
- Weil v. RichardsonMissouri Court of Appeals · 1930