Legal Opinion

Valentine v. Havener

Supreme Court of Missouri

Decided October 15, 1854PublishedCited by 27 opinions

•Appeal from Franklin Circuit Court. Action for the possession of land. The plaintiff claimed under a mortgage executed to him by John E. L. Brown, dated July 22, 1844, and recorded January 26, 1846. Suit was brought against Brown alone to foreclose the mortgage, the plaintiff purchased the land at an execution sale under the judgment of foreclosure, and received from the sheriff a deed dated April 9, 1852. The defendant answered, setting up that his landlord purchased the…

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•Appeal from Franklin Circuit Court. Action for the possession of land. The plaintiff claimed under a mortgage executed to him by John E. L. Brown, dated July 22, 1844, and recorded January 26, 1846. Suit was brought against Brown alone to foreclose the mortgage, the plaintiff purchased the land at an execution sale under the judgment of foreclosure, and received from the sheriff a deed dated April 9, 1852. The defendant answered, setting up that his landlord purchased the land at an execution sale under a judgment rendered on the 4th of October, 1845, against Brown and another, and that he…

1Opinion of the CourtRyland, Judge

The only question for our consideration in this case involves the propriety of the act of the court below in striking out the answer of the defendant to the plaintiff’s petition.

The plaintiff sets up his right to the possession of the land mentioned in his petition, under the mortgage made by John F. L. Brown. This mortgage appears from the record to be dated 22d July, 1844 ; was acknowledged the same day, and filed for record in the proper office in Franklin county, where the mortgaged premises are situated, on the 26th January, 1846, and was recorded January 30th, 1846. Plaintiff shows a…

2Cases cited1 opinion

  1. Davis v. OwnsbySupreme Court of Missouri · 1851

3Cited by27 opinions

  1. Vance v. CorriganSupreme Court of Missouri · 1883
  2. Holden v. GarrettSupreme Court of Kansas · 1879
  3. Reed v. OwnbySupreme Court of Missouri · 1869
  4. Stafford v. FizerSupreme Court of Missouri · 1884
  5. Maupin v. EmmonsSupreme Court of Missouri · 1871

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