Stillwell v. McDonald
Supreme Court of Missouri
Error to Hannibal Court of Common Pleas. On the 10th day of May, 1860, one Angus W. McDonald was the owner in fee of the ground sued for, and on that day conveyed one undivided half of said lots to his brother Edward C. McDonald, since deceased.
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Error to Hannibal Court of Common Pleas. On the 10th day of May, 1860, one Angus W. McDonald was the owner in fee of the ground sued for, and on that day conveyed one undivided half of said lots to his brother Edward C. McDonald, since deceased. The deed was recorded December 7, 1860. Before said deed from Angus W. to Edward 0. McDonald was filed for record, one Samuel S. Watson, without any notice thereof, sued out a writ of attachment against the said Angus W. McDonald and caused said Angus to be personally served and the land in controversy to be attached November 7, 1860. Watson…
1Opinion of the CourtHolmes, Judge
But a single question is presented by the record in this case, and that is whether the purchaser at a sheriff’s sale under a judgment and execution in an attachment suit levied on real estate, will take the title against a prior deed executed and delivered before the date of the levy of the attachment, though not rendered until after such levy, but duly acknowledged and recorded before the judgment sale and sheriff’s deed to the purchaser. This question must be considered as already decided and put at rest by the former decisions of this court in Davis v. Ownsby, 14 Mo. 170, and in Valentine…
2Cases cited2 opinions
- Davis v. OwnsbySupreme Court of Missouri · 1851
- Valentine v. HavenerSupreme Court of Missouri · 1854
3Cited by14 opinions
- Vance v. CorriganSupreme Court of Missouri · 1883
- Holden v. GarrettSupreme Court of Kansas · 1879
- Fox v. HallSupreme Court of Missouri · 1881
- First National Bank v. RohrerSupreme Court of Missouri · 1897
- Harrison v. South Carthage Mining Co.Missouri Court of Appeals · 1902
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