McDonald v. Frost
Supreme Court of Missouri
Error to Barry Circuit Court. — Hon. W. F. Geiger, Judge. This is an action of ejectment. The conflicting titles trace to Dempsy Summers as the common source. The trial court excluded a sheriff’s deed offered by plaintiff, as part of his chain of conveyances, thereby compelling him to take a nonsuit with leave. After the usual steps he brings error.
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Error to Barry Circuit Court. — Hon. W. F. Geiger, Judge. This is an action of ejectment. The conflicting titles trace to Dempsy Summers as the common source. The trial court excluded a sheriff’s deed offered by plaintiff, as part of his chain of conveyances, thereby compelling him to take a nonsuit with leave. After the usual steps he brings error. The deed referred to is based on a judgment, the essential parts of which are as follows: “Ludwig Ullman and Charles H. Dyer, plaintiffs, vs. William Davis, Gfeorge H. Holt, John T. Johnson, Joseph A. Young and O. D. Harbert, public administrator…
1Opinion of the CourtBarclay, J.
The decisive question here is as to the legal effect of the judgment in the prior suit of Ullman et al. v. Davis et al., and of the sale predicated thereon.
The proceedings in that cause were offered in evidence. They disclosed a petition to reform certain deeds in the particulars indicated in the decree, and to foreclose the mortgage mentioned therein.
■ All the defendants had answered, admitting the facts stated in the petition. Thereupon the decree was entered.
As that action was collateral to the present one, any mere error or irregularity in the former would not affect its validity. The…
2Cited by8 opinions
- Kennedy v. BodenMissouri Court of Appeals · 1950
- State ex rel. Hill v. MooreMissouri Court of Appeals · 1900
- Wilson v. OtisSupreme Court of New Hampshire · 1902
- Livingston v. AllenMissouri Court of Appeals · 1900
- Armstrong v. CrooksMissouri Court of Appeals · 1900
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