Ryan v. Carr
Supreme Court of Missouri
Error to Second District Court. I. Tbe deputy sheriff had full authority to make the deed (Ter. Laws, 618, § 10, Geyer’s Dig.); and even if no express authority were given by law, yet the making up of the deed was a ministerial act, and could be performed by a deputy. ( Lewis v. Lewis, 9 Mo. 188.) II. The defect, if any, in the certificate is cured by section 36, chapter 143, p. 595, Wagn.
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Error to Second District Court. I. Tbe deputy sheriff had full authority to make the deed (Ter. Laws, 618, § 10, Geyer’s Dig.); and even if no express authority were given by law, yet the making up of the deed was a ministerial act, and could be performed by a deputy. ( Lewis v. Lewis, 9 Mo. 188.) II. The defect, if any, in the certificate is cured by section 36, chapter 143, p. 595, Wagn. Stat., which is but a recognition of the old doctrine, that an ancient document proves itself, extended to cases in whieh the original instrument is lost, so as to include the record thereof. (1. Greenl.…
1Opinion of the CourtBliss, Judge
In 1820, the person from whom the plaintiff claims title to the land in controversy purchased the same at sheriff’s sale. Before the levy and sale, but while the judgment lien existed, the judgment debtor conveyed the land to the person from whom the defendant derives title, and the only question now to be considered is the validity of the sheriff’s deed. It was ruled out below, and the plaintiff insists that the court therein committed error'.
The statutes in force at the time of this sale (Ter. Laws, 121) then, as now, required that sheriffs’ deeds should be acknowledged in the courts of the…
2Cases cited4 opinions
- Doe, on the Demise of Wayman v. NaylorIndiana Supreme Court · 1826
- Scruggs v. ScruggsSupreme Court of Missouri · 1867
- Allen v. KingSupreme Court of Missouri · 1864
- Dixon v. DoeIndiana Supreme Court · 1839
3Cited by11 opinions
- Graton v. Holliday-Klotz Land & Lumber Co.Supreme Court of Missouri · 1905
- Matthews v. BlakeWyoming Supreme Court · 1907
- Pilkington v. PotwinSupreme Court of Iowa · 1913
- Adams v. BuchananSupreme Court of Missouri · 1871
- Hatcher v. HallMissouri Court of Appeals · 1956
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