Lewis v. Morrow
Supreme Court of Missouri
Appeal from Buehanan Circuit Court, — Hon. Jos. P. Grubb, Judge. (1) The execution recites the decree as of date of October 1, 1881, whereas the decree itself was not rendered until January 26, 1882. The execution also .commanded the sheriff to make any balance not paid by the lands out of the goods, chattels and real estate of Thomas N. Morrow, whilst there is nothing in the decree ordering anything to be collected from Thomas N. Morrow.
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Appeal from Buehanan Circuit Court, — Hon. Jos. P. Grubb, Judge. (1) The execution recites the decree as of date of October 1, 1881, whereas the decree itself was not rendered until January 26, 1882. The execution also .commanded the sheriff to make any balance not paid by the lands out of the goods, chattels and real estate of Thomas N. Morrow, whilst there is nothing in the decree ordering anything to be collected from Thomas N. Morrow. The execution being based on the decree must recite it properly and the failure so to do was a fatal variance. It did not conform to the decree. Tanner v.…
1Opinion of the CourtNouton, J.
This suit in ejectment was begun in the Atchison county circuit court to recover the possession of certain land in the petition described. The cause was by change of venue transferred to the circuit court of Buchanan county, where, upon a trial, judgment was rendered for plaintiff, from which defendant has appealed to this court.
The material question decisive of the case is whether the sheriff’s deed put in evidence by plaintiff is valid or void. This deed is as follows :
“ Know all men by these presents. That, whereas, a judgment and decree was made by the circuit court of Atchison county,…
2Cases cited9 opinions
- Stewart v. SeveranceSupreme Court of Missouri · 1869
- Gray v. BowlesSupreme Court of Missouri · 1881
- Moore v. WingateSupreme Court of Missouri · 1873
- Ellis v. JonesSupreme Court of Missouri · 1873
- Tanner v. StineSupreme Court of Missouri · 1853
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Grant v. WhiteSupreme Court of Missouri · 1868
- Potter v. WhittenMissouri Court of Appeals · 1911
- Hall v. KlepzigSupreme Court of Missouri · 1889
- Kellogg v. MullenSupreme Court of Missouri · 1870