Brown v. Brown
Supreme Court of Missouri
Appeal from Fifth District Court. The court erred in refusing to give judgment for defendant, he having the superior possession, as well as having shotvn, by his sheriff’s deed, prima facie title. It Avas only necessary for defendant to offer his deed, and the Iuav did not require him to make proof of a judgment. The plaintiff could only overcome this by affirmative evidence, which AYas not done. (2 Greenl.
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Appeal from Fifth District Court. The court erred in refusing to give judgment for defendant, he having the superior possession, as well as having shotvn, by his sheriff’s deed, prima facie title. It Avas only necessary for defendant to offer his deed, and the Iuav did not require him to make proof of a judgment. The plaintiff could only overcome this by affirmative evidence, which AYas not done. (2 Greenl. Ev., § 306 ;■ Merchants’ Bank v. Harrison, 39 Mo. 433 ; Knowlton v. Smith, 36 Mo. 307.) The appellant, in his answer, claimed title by purchase at sheriff’s sale on execution against the…
1Opinion of the CourtCurrier, Judge
This is an ejectment suit brought to recover possession of a farm in Daviess county of some three hundred and eighty acres, formed from parts of sections twelve and thirteen, township forty-nine.
The plaintiff deduces title from his deceased brother, William P. Brown, under a purchase from the latter’s administrator in October, 1855, for the consideration of $2,025. The case shows that the plaintiff, soon after the purchase, went into possession, and thenceforward continued to hold and enjoy the property as the owner until March, 1864, when the defendant, in the plaintiff’s absence in…
2Cases cited3 opinions
- Whiteside v. JacksonNew York Supreme Court · 1828
- Jackson ex dem. Livingston v. WalkerNew York Supreme Court · 1827
- Merchants' Bank of St. Louis v. HarrisonSupreme Court of Missouri · 1867
3Cited by13 opinions
- Heirs of Burney v. LudelingSupreme Court of Louisiana · 1895
- Miller v. HardinSupreme Court of Missouri · 1877
- Wilcoxon v. OsbornSupreme Court of Missouri · 1883
- Harrison Machine Works v. BowersSupreme Court of Missouri · 1906
- Holland v. AdairSupreme Court of Missouri · 1874
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