Vaughan v. Daniels
Supreme Court of Missouri
Appeal from, Vernon Circuit Court. — Hon. Citas. Gr. Burton, Judge. The affidavit filed with the petition was sufficient. It alleged “that to the best of affiant’s knowledge and belief the above named defendant, Lewis McKibben, is a non-resident of the state of Missouri.”
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Appeal from, Vernon Circuit Court. — Hon. Citas. Gr. Burton, Judge. The affidavit filed with the petition was sufficient. It alleged “that to the best of affiant’s knowledge and belief the above named defendant, Lewis McKibben, is a non-resident of the state of Missouri.” Before the court could acquire jurisdiction to make the order for publication of notice, it was essential that a petition be filed containing a description of the real estate to be affected by the proceeding. R. S.- 1879, secs. 3494, 6836, 6837; Schell v. Leland, 45 Mo. 289; Milner v. Shipley, 94 Mo. 106.
1Opinion of the CourtRat, C. J.
— This is an action of ejectment to recover the described lands, the petition being in the usual form, and the answer, one of general denial. The plaintiff is the owner of the patent title, and the various deeds, in his chain of title, read in evidence, are conceded to be formal and regular on their face, and to convey the title to plaintiff. The question and exceptions here presented and urged for our consideration, and upon which, our opinion.is required, involve the sufficiency and validity of the sheriff’s deed, under which defendant claims *232title, which was made, under a sale upon special…
2Cases cited4 opinions
- Milner v. ShipleySupreme Court of Missouri · 1887
- State ex rel. Armstrong v. RauSupreme Court of Missouri · 1887
- Bowling v. McFarlandSupreme Court of Missouri · 1866
- Baker v. BerrySupreme Court of Missouri · 1866
3Cited by21 opinions
- Cushing v. PowellMissouri Court of Appeals · 1908
- Robinson v. LevySupreme Court of Missouri · 1909
- Leavenworth Terminal Railway & Bridge Co. v. AtchisonSupreme Court of Missouri · 1897
- Reed Bros. v. NicholsonSupreme Court of Missouri · 1900
- State ex rel. Public Schools of Stoddard County v. CrumbSupreme Court of Missouri · 1900
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