Hardin v. McCanse
Supreme Court of Missouri
Error to Greene Circuit Court. I. The several executions issued against Brown and Thomas in favor of Lacy, after the death of Brown, were void, and the purchaser under them took no title. (See, § 20, p. 741, R. 0., 1855; 4 How., 58, leading cases in part; 6 Ala., 657; 4 Ala., 735; 19 Mo., 650; 16 Mass., 190; 4 Wall., 237, in point; 2 McLean, C. C., 59; 4 Iredell L. R., p. 377 ; Woodcock vs Bennett, 1 Cow., 738.) I.-The execution was not void.
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Error to Greene Circuit Court. I. The several executions issued against Brown and Thomas in favor of Lacy, after the death of Brown, were void, and the purchaser under them took no title. (See, § 20, p. 741, R. 0., 1855; 4 How., 58, leading cases in part; 6 Ala., 657; 4 Ala., 735; 19 Mo., 650; 16 Mass., 190; 4 Wall., 237, in point; 2 McLean, C. C., 59; 4 Iredell L. R., p. 377 ; Woodcock vs Bennett, 1 Cow., 738.) I.-The execution was not void. (Johnson vs. Lynch, 3 Bibb., 334; 6 Blackf., (Ind.) 93 ; Bowdoin vs. Jordan, 9 Mass., 154; 2 Saund. (Eng.) p. 72-; 2 Tidd’s Pr., 1009 ; Shelton vs.…
1Opinion of the CourtVories, Judge
This was an action of ejectment brought in the Circuit Court of Lawrence county by Robert Kimmons against Mc-Canse and Paris, for the recovery of certain lands in the petition named, situate in said county. The venue of said cause was afterwards changed, by the agreement of the parties, to the Circuit Court for Greene county. After the commencement of the suit, James F. Iiardin was substituted for Kimmons as party plaintiff upon his own motion.’
The answer of the defendants denies all right in the plaintiff, in or to the east half of lot six of the northwest fractional quarter of section…
2Cases cited9 opinions
- Woodcock v. BennetNew York Supreme Court · 1823
- Mitchell v. St. Maxent's LesseeSupreme Court of the United States · 1866
- Coleman v. McAnultySupreme Court of Missouri · 1852
- Erwin's Lessee v. DundasSupreme Court of the United States · 1845
- Groner v. SmithSupreme Court of Missouri · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Brown v. WalkerMissouri Court of Appeals · 1881
- Griswold v. JohnsonMissouri Court of Appeals · 1886
- State v. AbelSupreme Court of Missouri · 1902
- Asbury v. OdellSupreme Court of Missouri · 1884
- Mobley v. WadeMissouri Court of Appeals · 1915
2 more not listed; retrieve them via the Exa API.