Foulk v. Colburn
Supreme Court of Missouri
Error to First District Court. I. The recital in the sheriff’s deed to plaintiff, of the date of the levy of the writ of attachment in the case under which he claims, is prima facie evidence of the fact as therein recited, and is sufficient proof of the date of the levy whemxncontradicted by other evidence. (Potter v. McDowell, 48 Mo. 93 ; Merchants’ Bank v. Harrison, 39 Mo. 433; McCormack v. Fitzsimmons, id. 24; Stephens v. Thompson, 13 Ill. 191; Hardin y.
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Error to First District Court. I. The recital in the sheriff’s deed to plaintiff, of the date of the levy of the writ of attachment in the case under which he claims, is prima facie evidence of the fact as therein recited, and is sufficient proof of the date of the levy whemxncontradicted by other evidence. (Potter v. McDowell, 48 Mo. 93 ; Merchants’ Bank v. Harrison, 39 Mo. 433; McCormack v. Fitzsimmons, id. 24; Stephens v. Thompson, 13 Ill. 191; Hardin y. Clark, 3 Jones, N. C., 137.) H. The date of the attachment should be recited in order that the deed may show from what date the purchaser…
1Opinion of the CourtBuss, Judge
The plaintiff seeks to recover certain real' estate, and both parties claim title through execution sales upon different judgments in attachment against one McCown. The original levy in the attachment proceedings under which defendant holds, is claimed to have been made previous to that in the other case, and the questions raised pertain exclusively to the defendant’s title. His deed from the sheriff makes no allusion to the original levy, so that it does not. appear from it when it was made; and the plaintiff claims that this is a fatal omission.
The statute does not specify what recitals in…
2Cases cited3 opinions
- Graham v. O'FallonSupreme Court of Missouri · 1834
- Brown v. KingSupreme Court of Missouri · 1867
- Walton v. . McKessonSupreme Court of North Carolina · 1870
3Cited by5 opinions
- Charles v. CharlesSupreme Court of Missouri · 1926
- Parry v. WalserSupreme Court of Missouri · 1874
- Davis v. MontgomerySupreme Court of Missouri · 1907
- Holladay-Klotz Land & Lumber Co v. T. J. Moss Tie Co.Missouri Court of Appeals · 1901
- Wise v. LoringMissouri Court of Appeals · 1894