Mosely v. Reily
Supreme Court of Missouri
Appeal from Oregon Circuit Court. — Hon. W. N. Evans, Judge. (1) The putting of the sheriff’s deed on record did not place the defendant in the actual or constructive possession, and ejectment would not lie against him. Childers v. Schants, 25 S. W. Rep. 209; Shaw v. Tracy, 95 Mo. 531. (2) The sheriff’s deed based on judgment against C. T. Clements, though by publication, was sufficient to pass the title of C. T. Clements, plaintiff’s grantor.
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Appeal from Oregon Circuit Court. — Hon. W. N. Evans, Judge. (1) The putting of the sheriff’s deed on record did not place the defendant in the actual or constructive possession, and ejectment would not lie against him. Childers v. Schants, 25 S. W. Rep. 209; Shaw v. Tracy, 95 Mo. 531. (2) The sheriff’s deed based on judgment against C. T. Clements, though by publication, was sufficient to pass the title of C. T. Clements, plaintiff’s grantor. Crusen v. Stephens, 123 Mo. 337; Elting v. Gould, 96 Mo. 535. (3) The deed from Alice E. Adams to Charles T. Clements was improperly admitted in…
1Opinion of the CourtMaceaelane, J.
— This suit is ejectment to recover possession of the west half of the northwest quarter of section 5, township 27, range 30. The petition is in the usual form with the additional averment that defendant entered into the possession “by putting a tax deed upon record.” By the answer defendant “admits that he is in possession of the premises sued for,” but denies each other allegation of the petition.
On the trial plaintiff put in evidence the' following deeds, “which were admitted to be in due form of law: ” The first three of these deeds, commencing with a patent from the United States, vested…
2Cases cited7 opinions
- McDermott v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Skelton v. SackettSupreme Court of Missouri · 1886
- Porter v. StoutIndiana Supreme Court · 1880
- Cruzen v. StephensSupreme Court of Missouri · 1894
- Waltz v. BorrowayIndiana Supreme Court · 1865
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Emery v. KippCalifornia Supreme Court · 1908
- Vincent v. MeansSupreme Court of Missouri · 1904
- Geer v. Missouri Lumber & Mining Co.Supreme Court of Missouri · 1896
- Turner v. GregorySupreme Court of Missouri · 1899
- Ohlmann v. Clarkson Saw Mill Co.Supreme Court of Missouri · 1909
13 more not listed; retrieve them via the Exa API.