Lisa v. Lindell
Supreme Court of Missouri
Error to St. Louis Circuit Court. This was an action in the nature of ejectment, for an undivided one-third of lots 6, 7 and 8, in Smith, Bates & Lisa’s Addition to St. Louis. The petition stated that the lots were originally owned by Smith, Bates & Lisa, as tenants in common, and that all the interest of the latter had become vested in the plaintiff.
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Error to St. Louis Circuit Court. This was an action in the nature of ejectment, for an undivided one-third of lots 6, 7 and 8, in Smith, Bates & Lisa’s Addition to St. Louis. The petition stated that the lots were originally owned by Smith, Bates & Lisa, as tenants in common, and that all the interest of the latter had become vested in the plaintiff. The defendant set up an outstanding title in Oliver N. Bostwick, under a sheriff’s deed, and the validity of this title was the only question in the case. At the trial, the following facts appeared in evidence : On the 12th of November, 1825, a…
1Opinion of the CourtScott, Judge
There is no doubt but that it would have been the safer doctrine, in relation to sales of real estate by sheriffs, to have holden that, in no case was the sale an absolute nullity, so to be regarded whenever it was brought into question ; but that it was Dnly voidable, to be set aside on motion, at the return of the yrit, or afterwards, by a proceeding in the nature of a bill in equity. If such sales were regarded in this latter light, complete justice might be done between the parties, and innocent purchasers would be protected ; whilst, if regarded in the former light, irreparable injury…
2Cases cited1 opinion
- Evans v. AshleySupreme Court of Missouri · 1843
3Cited by3 opinions
- Richardson v. CarrSupreme Court of Oklahoma · 1917
- Price v. TaylorCourt of Appeals of Kentucky · 1901
- Lecoutour v. PetersMissouri Court of Appeals · 1894