Smoot v. Judd
Supreme Court of Missouri
Appeal from Barton Circuit Court. — How. W. W. Graves, Judge. (1) The law questions involved in the merits of this case were settled on the former appeal (161 Mo. 673). Conroy v. Iron Works, 75 Mo. 641; Band v. Taylor, 62 Mo. 338; Overall v. Ellis, 38 Mo. 209; Hombs v. Corbin, 34 Mo. App. 397. (2) The pivotal question is one of fact as to whether Ella G. Smoot was served with process so as to be charged with knowledge of the suit when pending.
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Appeal from Barton Circuit Court. — How. W. W. Graves, Judge. (1) The law questions involved in the merits of this case were settled on the former appeal (161 Mo. 673). Conroy v. Iron Works, 75 Mo. 641; Band v. Taylor, 62 Mo. 338; Overall v. Ellis, 38 Mo. 209; Hombs v. Corbin, 34 Mo. App. 397. (2) The pivotal question is one of fact as to whether Ella G. Smoot was served with process so as to be charged with knowledge of the suit when pending. (1) The defendants’ answer is not a plea of “confession and avoidance. ” The allegation in the petition is that the sheriff’s return was false in this,…
1Opinion of the CourtMarshall, J.
This is a bill in equity to set aside a judgment of the circuit court of Barton county rendered on September 18,1891, in favor of Gr. S. Judd and against Ella Gr. Smoot and Samuel N. Smoot, and' the execution issued thereunder, and the sheriff’s deed to certain land in that county made to said Judd as purchaser at such execution sale, and also to set aside a decree in partition, rendered on September 3, 1894, in a certain suit wherein said Judd was the plaintiff and Lewis Cordon et al. were’ the defendants, and also to set aside the sheriff’s deeds in partition to the defendants Amos Brand…
2Cases cited90 opinions
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Knox County v. HarshmanSupreme Court of the United States · 1890
- Owens v. RansteadIllinois Supreme Court · 1859
- Johnson v. ColemanWisconsin Supreme Court · 1868
- McClanahan v. WestSupreme Court of Missouri · 1889
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3Cited by45 opinions
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