Lincoln v. Thompson
Supreme Court of Missouri
Appeal from, Clay Circuit Court. — Hon. George W. Dunn, Judge. The deed made and' signed by Gittings as sheriff', but acknowledged by Long, is a nullity. The certificate of acknowledgment characterizes Long as sheriff, and it is so stated in the body of the deed. Long made the levy as sheriff', and under the law then could have made the sale and deed as ex-sheriff and properly acknowledged it.
Read the full summary
Appeal from, Clay Circuit Court. — Hon. George W. Dunn, Judge. The deed made and' signed by Gittings as sheriff', but acknowledged by Long, is a nullity. The certificate of acknowledgment characterizes Long as sheriff, and it is so stated in the body of the deed. Long made the levy as sheriff', and under the law then could have made the sale and deed as ex-sheriff and properly acknowledged it. It is evident that he acknowledged the deed under the belief that it was bis duty to do so. Will- a court by construction set aside and annul the plain averments of an acknowledgment ? It may supply…
1Dissent
Sherwood, C. J.,
Dissenting. — I cannot subscribe to the foregoing opinion. I regard it as being utterly at variance with many decisions both of this and other courts bearing directly on the questions at issue; besides, as being the result of an entire misconception of the facts spread at large upon this record, and the necessary and legitimate inferences arising from such facts. I will briefly give the reasons why I think so :
I
And first,, as to the validity of the sheriff’s deed to the Farmers’ Bank and Jno. W. Reid; so far as the deed itself is concerned, no objection can be taken to it. The…
2Cases cited14 opinions
- Sharpe v. OrmeSupreme Court of Alabama · 1878
- Chandler v. SpearSupreme Court of Vermont · 1850
- Kelly v. CalhounSupreme Court of the United States · 1878
- Noell v. GainesSupreme Court of Missouri · 1878
- Halsa v. HalsaSupreme Court of Missouri · 1843
9 more not listed; retrieve them via the Exa API.