Bristow v. Thackston
Supreme Court of Missouri
Appeal from Randolph Circuit Court. — Hon. John A. Hockaday, Judge. (1) Plaintiffs obtained their title to the real estate in controversy from Josephine Hurt through the liens of a judgment and of a deed of trust and garnishment proceedings. While said liens were in force and of public record and said garnishment proceedings were pending, the defendants purchased the property from said Josephine who delivered them possession.
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Appeal from Randolph Circuit Court. — Hon. John A. Hockaday, Judge. (1) Plaintiffs obtained their title to the real estate in controversy from Josephine Hurt through the liens of a judgment and of a deed of trust and garnishment proceedings. While said liens were in force and of public record and said garnishment proceedings were pending, the defendants purchased the property from said Josephine who delivered them possession. In answer to plaintiffs’ petition in this suit, defendants attempt to plead that they are innocent purchasers without notice. This being an affirmative defense, the…
1Opinion of the Court
MARSHALL, J. —
This is an action in ejectment to recover an undivided half interest in lots 22, 23 and 24, being the east forty feet of said lots, in block 19, of the original town of Moberly, in Randolph county.
The petition is in the usual form, and lays the' ouster as of March 18, 1902. The answer of the defendants Thackston and Epping is a general denial, with a special plea that they are the tenants in pos*337session, of John N. and S. C. Hamilton, who claim to he and whom they believe to be the owners of the land. On their own motion said John N. and S. O. Hamilton were made parties…
2Cases cited10 opinions
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- Herrington v. HerringtonSupreme Court of Missouri · 1858
- National Tube Works Co. v. Ring Refrigerating & Ice Machine Co.Supreme Court of Missouri · 1893
- Craig v. ZimmermanSupreme Court of Missouri · 1885
- O'Reilly v. NicholsonSupreme Court of Missouri · 1869
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Ex Rel. Bannister v. GoldmanMissouri Court of Appeals · 2008
- Space Planners Architects, Inc. v. Frontier Town-Missouri, Inc.Missouri Court of Appeals · 2003
- State ex rel. Shannon v. CrouchMissouri Court of Appeals · 1983
- Carr v. StebbinsCourt of Appeals for the Seventh Circuit · 1923
- Williams v. MacKeyMissouri Court of Appeals · 1933
3 more not listed; retrieve them via the Exa API.