Morton v. Smith
U.S. Circuit Court for the District of Nebraska
Bill in chancery [by William S. T. Morton] to quiet title to a certain tract of land near Omaha, containing twelve and sixty-seven-hundredths acres, and for partition. Neither party is in actual possession. Both parties claim under one Roswell G. Pierce.
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Bill in chancery [by William S. T. Morton] to quiet title to a certain tract of land near Omaha, containing twelve and sixty-seven-hundredths acres, and for partition. Neither party is in actual possession. Both parties claim under one Roswell G. Pierce. The plaintiff’s title is derived under an execution sale made in November, 1869, upon a judgment in his favor against Pierce, rendered at the June term, 1860. The defendant [George R. Smith] claims title in two ways:. First, under an execution sale upon a judgment rendered by publication in an attachment suit by one Glass against Pierce;…
1Opinion of the Court
DILLON, Circuit Judge.
1. The plaintiff’s judgment against Pierce, and his execution sale thereunder, which was confirmed by the court, and followed by a sheriff’s deed, gives him a title unless a better title is shown by the defendant.. The fact that a prior execution had issued upon the plaintiff’s judgment and been levied upon other land which was not sold for want of bidders, does not amount to a satisfaction of that judgment and render the subsequent éxecution sale of the land in dispute void.
*8862 As to defendant's title. Prior to plaintiff's suit against Pierce, one Glass (January 10, 1800)…
2Cases cited2 opinions
- Lyon v. KainIllinois Supreme Court · 1865
- Harrington v. FishMichigan Supreme Court · 1862
3Cited by2 opinions
- Prentice v. Duluth Storage & Forwarding Co.Court of Appeals for the Eighth Circuit · 1893
- Smith v. TimNew York Court of Common Pleas · 1884