Wilhite v. Wilhite
Supreme Court of Missouri
•Appeal from Texas Circuit Court. I. The essential recitals in a sheriff’s deed, (W. S. 612, § 54.) are, the date of the execution, the time, place, and manner of sale, and a description of the lands sold. These recitals are all correctly made in the sheriff’s deed to White, and are prima facie evidence that the sale was made according to law. (Tanner vs. Stein, 18 Mo. 580; Crittenden vs. Leitensdorfer, 35 Mo., 239.) II.
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•Appeal from Texas Circuit Court. I. The essential recitals in a sheriff’s deed, (W. S. 612, § 54.) are, the date of the execution, the time, place, and manner of sale, and a description of the lands sold. These recitals are all correctly made in the sheriff’s deed to White, and are prima facie evidence that the sale was made according to law. (Tanner vs. Stein, 18 Mo. 580; Crittenden vs. Leitensdorfer, 35 Mo., 239.) II. The object of the other recitals required by the said section, “ the date of judgment and other particulars,”, are for the purpose of identifying tlie deed with the judgment,…
1Opinion of the CourtWagner, Judge
This was an action of ejectment, in which the general issue was raised, and the trial was before a jury.
*72Both parties derived title to the lands from one F. FI. Chambers. The plaintiff read in evidence a deed, dated July 11th, 1869, from Chambers to him, purporting to convey the land in controversy, and there rested.
The defendant read in evidence a deed by the sheriff, dated in April, 1867, and recorded a short time thereafter, conveying the land to him, and reciting an execution, judgment, etc., against E. FI. Chambers, and Thomas Tates, for the sum of three hundred dollars and fifty cents,…
2Cases cited4 opinions
- Stewart v. SeveranceSupreme Court of Missouri · 1869
- Tanner v. StineSupreme Court of Missouri · 1853
- Crittenden v. LeitensdorferSupreme Court of Missouri · 1864
- Sneed v. ReardonCourt of Appeals of Kentucky · 1818
3Cited by8 opinions
- Gaines v. FenderSupreme Court of Missouri · 1884
- Evans v. RobbersonSupreme Court of Missouri · 1887
- Davis v. KlineSupreme Court of Missouri · 1882
- Williams v. McLanahanSupreme Court of Missouri · 1878
- Ladd v. ShippieSupreme Court of Missouri · 1874
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