Owsley v. Heirs of Smith
Supreme Court of Missouri
APPEAL from Marion Circuit Court. 1st. Was there a failure of title? If there he no failure, then there is no misrepresentation and the question of caveat emptor cannot arise. The deed of Moore passed no title to Douglass. The deed from Douglass and wife to Flint is defective, and does not pass any title io certificate or land in question. The deed from Flint and wife has the same defect.
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APPEAL from Marion Circuit Court. 1st. Was there a failure of title? If there he no failure, then there is no misrepresentation and the question of caveat emptor cannot arise. The deed of Moore passed no title to Douglass. The deed from Douglass and wife to Flint is defective, and does not pass any title io certificate or land in question. The deed from Flint and wife has the same defect. The admission in the bill filed in Ky. by Pendergrass’ heirs, that Moore was the administrator, and the decree against him does not estop said heirs from setting up their title, The decree rendered in the…
1Opinion of the Court
Napton, J.,
delivered tile opinion of the court.
This was a proceeding to obtain an injunction against a judgment at law rendered against the complainants.. The judgment sought to be enjoined, had been obtained upon a bond given by Owsley, and his. securities for the last installment of the purchase money of a tract of land sold by the sheriff under an order of court. This sale was the result of proceedings for a partition, between the heirs of Hawkins Smith.
The ground upon.which the complainants asked the interposition of the court was, that the title to a portion of the land was not valid.
A…
2Cited by14 opinions
- Forder v. DavisSupreme Court of Missouri · 1866
- Bushman v. BushmanSupreme Court of Missouri · 1925
- Pentz v. KuesterSupreme Court of Missouri · 1867
- Childers v. LoudinWest Virginia Supreme Court · 1902
- Metcalf v. LarnedSupreme Court of Missouri · 1867
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