Wineland v. Coonce
Supreme Court of Missouri
1. The transcript of the executions and constable's return thereon, of Scott■ & Rule v, Molloy, was improperly admitted in evidence, inasmuch as tho same should have been filed in the clerk’s office in order to warrant an execution. 2. The title of defendant, under Finneys, Keyte & Mul-lihin, all of them bona fide purchasers for value, without notice of fraud, is good — Old Rev, Code, p. 101-2, sec. 3; Bac. Abr. 307-8-9; 13 Johns.
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1. The transcript of the executions and constable's return thereon, of Scott■ & Rule v, Molloy, was improperly admitted in evidence, inasmuch as tho same should have been filed in the clerk’s office in order to warrant an execution. 2. The title of defendant, under Finneys, Keyte & Mul-lihin, all of them bona fide purchasers for value, without notice of fraud, is good — Old Rev, Code, p. 101-2, sec. 3; Bac. Abr. 307-8-9; 13 Johns. Rep. 471; 18 do. 515; 2 Sugdeu on Vendors, 198; 6 Cranch, 133. 3. The judgment and execution in favor of Mullikin were against both Molloy & McCaffery, both the…
1Opinion of the CourtMcGirk, Judge
Coonce brought an action of ejectment against Wine-land for a lot of ground in the city of St. Louis, in the circuit court of St. Louis county. lJlea, not guilty. The cause was tried by the court without a jury. A verdict and judgment were given for the plaintiff, Coonce. To reverse this judgment, the cause is brought here. It appears by the record, that sometime before the 13th of July, 1829, one Mohoy was indebted to Scott &Rule of St. Louis, and at the same time he was indebted to one Charles Mullikin; and that, also, prior to said 13th July, 1829, he, Molloy, owned the lot of ground sued…
2Cited by6 opinions
- Craig v. ZimmermanSupreme Court of Missouri · 1885
- Petring v. KuhsSupreme Court of Missouri · 1943
- Gordon v. RitenourSupreme Court of Missouri · 1885
- Spikes v. ClarkSupreme Court of Missouri · 1967
- In Re Security Products CompanyDistrict Court, E.D. Missouri · 1969
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