Warner v. Sharp
Supreme Court of Missouri
Error to Montgomery Circuit Court. I. The deed from the sheriff was improperly admitted. It does not appear from the deed, wliat court, if any, or authority, ordered the sale of the real estate in said deed described. (Tanner vs. Stine, 18 Mo., 580 ; Lackey vs. Lubke, 36 Mo., 115; McCormick vs. Fitzmorris, 39 Mo., 24; Bn-, ehanan vs. Tracy, 45 Mo., 437.) 2. The date of the order is totally omitted.
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Error to Montgomery Circuit Court. I. The deed from the sheriff was improperly admitted. It does not appear from the deed, wliat court, if any, or authority, ordered the sale of the real estate in said deed described. (Tanner vs. Stine, 18 Mo., 580 ; Lackey vs. Lubke, 36 Mo., 115; McCormick vs. Fitzmorris, 39 Mo., 24; Bn-, ehanan vs. Tracy, 45 Mo., 437.) 2. The date of the order is totally omitted. (Stewart vs. Severance, 43 Mo., 322 ; Buchanan vs. Tracy, 45 Mo., 437.) I. The deed upon its face shows, that this order-was made _ by the. County Court at its June Term, 1862, adjourned over. No…
1Opinion of the CourtAdams, Judge
This was ejectment for land in Montgomery county, being the west half of lots one and two of the north-east quarter, and the. north-west quarter of section three, in township fifty of range six.
Both parties claimed title under Josiali Whiteside.
The defendant claims by virtue of a sheriff’s deed made under a foreclosure sale of a mortgage, which had been given by Whiteside to secure the loan of school monies. The mortgage was given prior to the emanation of plaintiff’s title, and was duly acknowledged and recorded. '
The case was submitted to the court sitting as a jury, and resulted in a…
2Cited by3 opinions
- Klenke v. KoeltzeSupreme Court of Missouri · 1881
- Lewis v. MorrowSupreme Court of Missouri · 1886
- Carter v. ReevesSupreme Court of Missouri · 1881