Hall v. Klepzig
Supreme Court of Missouri
Cross-Appeal from Shannon Circuit Court. — Hon. John R. Woodside, Judge. (1) The circuit court properly held that the sheriff’s deed to S. I. K. Barksdale and John M. Daugherty was void. Said deed was executed on a general judgment against, 'and sale of the property of, a deceased person, and is, therefore, void.
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Cross-Appeal from Shannon Circuit Court. — Hon. John R. Woodside, Judge. (1) The circuit court properly held that the sheriff’s deed to S. I. K. Barksdale and John M. Daugherty was void. Said deed was executed on a general judgment against, 'and sale of the property of, a deceased person, and is, therefore, void. R. S. 1879, sec. 2360; Hardin v. McCanse, 53 Mo. 255; Wernecke v. Wood, 58 Mo. 352; Brown v. Woody, AdmW, 64 Mo. 547; Wernecke v. Kenyans, Adm’r, 66 Mo. 275. (2) The defendants sought to establish the fact that the sheriff’s deed to Barksdale and Daugherty was based on a judgment…
1Opinion of the CourtBlack, J.
The plaintiffs, who are husband and wife, prosecuted this action of ejectment to recover, in the right of the wife, five-elevenths of two hundred and twenty acres of land in Shannon county.
James McCormack died in 1858, the owner of, and in possession of, the entire tract. He left a widow, Elizabeth McCormack, and eleven children. Jasper McCormack, who was one of the heirs, acquired by purchase the interest of four of the children, thus giving him five-elevenths of the estate. These purchases were made about the year 1860. He died in possession of the land in 1863, leaving the plaintiff,…
2Cases cited8 opinions
- Wannall v. KemSupreme Court of Missouri · 1872
- Ware v. JohnsonSupreme Court of Missouri · 1874
- Davis v. KlineSupreme Court of Missouri · 1888
- Moreau v. DetchemendySupreme Court of Missouri · 1853
- Wilhite v. WilhiteSupreme Court of Missouri · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hardy v. AtkinsonMissouri Court of Appeals · 1909