Wood v. Augustine
Supreme Court of Missouri
Agypeal from, Franklin Circuit Court. I. The property sold to Manpin & King was not embraced in the writs of venditioni exponas. and hence they got no title. (Maupin vs. Emmons, 47 Mo., 305; Means vs. La"Vergne, 50 Mo., 343 ; Bates vs. Miller, 48 Mo. 409.) II.
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Agypeal from, Franklin Circuit Court. I. The property sold to Manpin & King was not embraced in the writs of venditioni exponas. and hence they got no title. (Maupin vs. Emmons, 47 Mo., 305; Means vs. La"Vergne, 50 Mo., 343 ; Bates vs. Miller, 48 Mo. 409.) II. The defendants having shown no legal or equitable title in themselves, were Hot in a situation to question the prima facie title of plaintiff, nor to go into an investigation of the alleged frauds of Hammock and others. Defendants were strangers, and were in no way affected by the alleged fraud, and certainly could not be heard to…
1Opinion of the CourtNapton, Judge
This was an ejectment to recover certain lots and lands in Franklin county. The plaintiff’s title originated in a sale by a trustee, made to him under the deed, after due notice and a public auction. The deed of trust was made January 2d, 1861, by one Hammock and wife to a trustee, J. W. Ming, the party of the third part being W. 0. Ming, and recites that whereas the said Hammock, on the 3d of November, 1860, made and delivered to W. O. Ming, of the firm of Ming, Meeglian & Co., his obligation assuming the payment of certain debts particularly described in a schedule attached to the deed, and…
2Cases cited3 opinions
- Means v. De La VergneSupreme Court of Missouri · 1872
- Hiney v. ThomasSupreme Court of Missouri · 1865
- Bates v. MillerSupreme Court of Missouri · 1871
3Cited by10 opinions
- Booker v. ArmstrongSupreme Court of Missouri · 1887
- Criss v. CrissWest Virginia Supreme Court · 1886
- Browne v. BrowneSupreme Court of Florida · 1880
- Adair v. AdairSupreme Court of Missouri · 1883
- Lewis v. SchwennSupreme Court of Missouri · 1887
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