Nelson v. Brodhack
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The plea of the statute of limitations is a plea in confession and avoidance. (1 Chit. 556; Steph. on PI. 138,139,198, 200 ; Bauer v. Wagner, 39 Mo. 385.) II. The deed from the sheriff to Nelson contains a definite and certain description of the property conveyed.
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Appeal from St. Louis Circuit Court. I. The plea of the statute of limitations is a plea in confession and avoidance. (1 Chit. 556; Steph. on PI. 138,139,198, 200 ; Bauer v. Wagner, 39 Mo. 385.) II. The deed from the sheriff to Nelson contains a definite and certain description of the property conveyed. (Noonan v. Lee, 2 Black, 499; Yance v. Fore, 24 Cal. 435; Seaward v. Malotte, 15 Cal. 304 ; 32 Barb. 374 ; Carson v. Ray, 7 Jones’ Law, 609 ; Peck v. Mallams, 6 Seld. 509 ; Stanley v. Green, 12 Cal. 148.) I. The sheriff’s deed, under which plaintiff claims, is void for uncertainty. (Clemens v.…
1Opinion of the CourtBliss, Judge
This was an action of ejectment for two parcels of land in the Durand tract, in the city of St. Louis. The plaintiff, under the pleadings, was required to prove title; and, failing to do so, judgment was given for defendant. The issues were made by a denial of the plaintiff’s allegations and upon a plea purporting to be a plea of the statute of limitations; and the defendant claims that the last plea was a confession of the plaintiff’s original right — was inconsistent with the denials, and relieved the plaintiff from the necessity of proving title. The objection raises the question whether…
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