Ladd v. Shippie
Supreme Court of Missouri
Appeal from Audrain Circuit Court. I. The sheriff’s deed was void upon its face and wholly inoperative to pass any interest defendant, Willingham, had in the lot. The statute required the deed to recite the names of the parties to the execution, the date when issued, the date of the judgment, order or decree and other particulars as .recited in the execution ; also a description of the proper-erty, the time, place and manner of sale. (R. S., 1885, § 45, p. 259.) II.
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Appeal from Audrain Circuit Court. I. The sheriff’s deed was void upon its face and wholly inoperative to pass any interest defendant, Willingham, had in the lot. The statute required the deed to recite the names of the parties to the execution, the date when issued, the date of the judgment, order or decree and other particulars as .recited in the execution ; also a description of the proper-erty, the time, place and manner of sale. (R. S., 1885, § 45, p. 259.) II. The deed fails to recite the names of the parties to the execution; that the sale took place between the hours prescribed by the…
1Opinion of the CourtTobies, Judge
This was an action of ejectment originally brought against defendant, Shippie, to recover possession of lot one in block eight, in the city of Mexico, in Audrain county.
*525The petition was in tbe usual form. Tbe defendant. Shippie, appeared and filed bis answer, denying tbe allegations of tbe petition. Tbe defendant, Smith, afterward appeared, and on bis own application was made a party defendant, and filed an answer in which be claimed title to the lot sued for, averring that bis co-defendant was in possession thereof as bis tenant, and also denying tbe facts in tbe petition.
In June, 1874, a…
2Cases cited7 opinions
- Merchants Bank v. EvansSupreme Court of Missouri · 1873
- Draper v. BrysonSupreme Court of Missouri · 1852
- Lenox v. ClarkeSupreme Court of Missouri · 1873
- Curd v. LacklandSupreme Court of Missouri · 1872
- Wilhite v. WilhiteSupreme Court of Missouri · 1873
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3Cited by4 opinions
- Sparks v. Jasper CountySupreme Court of Missouri · 1908
- Noland v. BarrettSupreme Court of Missouri · 1894
- Eminence Land & Mining Co. v. Current River Land & Cattle Co.Supreme Court of Missouri · 1905
- Chandler v. BaileySupreme Court of Missouri · 1886