Swink v. Thompson
Supreme Court of Missouri
Appeal from Weston Circuit Court. I. The deed was properly executed to the heirs of Edwin Swink, deceased, as he died before the execution of said deed, and the sheriff could not properly make the deed to any one except to Swink’s heirs. The execution under which the said lands were sold was atttested by the clei’k of Wright circuit court, with his private seal thereto attached, there being no official seal of said Wright cii’cuit court.
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Appeal from Weston Circuit Court. I. The deed was properly executed to the heirs of Edwin Swink, deceased, as he died before the execution of said deed, and the sheriff could not properly make the deed to any one except to Swink’s heirs. The execution under which the said lands were sold was atttested by the clei’k of Wright circuit court, with his private seal thereto attached, there being no official seal of said Wright cii’cuit court. The deed being admitted by the parties to be the sheriff’s deed, it is not material whether the authentication is propei’ly made out or not, that only being…
1Opinion of the CourtEwing, Judge
This was an action in the nature of an action of ejectment to recover possession of certain real estate in Wright county. There was an answer filed, and on the trial the plaintiffs offered to read tlie deed of the sheriff under which they *338claimed title, which was excluded, and they thereupon took a nonsuit and moved to set the same aside, which being overruled, they bring the cause here by appeal.
The record shows that the suit was commenced and the proceedings had in Webster county. It is true plaintiffs’ attorney, in his brief, states that the suit was commenced in in Wright and taken by…
2Cases cited4 opinions
- Andrews v. King CountyWashington Supreme Court · 1890
- Young v. IngleSupreme Court of Missouri · 1851
- Connolly v. GoodwinCalifornia Supreme Court · 1855
- Gates v. StateSupreme Court of Missouri · 1850
3Cited by4 opinions
- Hall v. HallWest Virginia Supreme Court · 1877
- Splahn v. GillespieIndiana Supreme Court · 1874
- In re GuenzlerSupreme Court of Missouri · 1879
- Catlin v. ReaNew York Supreme Court · 1901