Hardin v. Lee
Supreme Court of Missouri
Appeal from Greene County Court. The judgment could have been set aside for irregularity wpon motion, at any time within three years, but was not void. And unless the judgment was absolutely void a title passed under the proceedings.
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Appeal from Greene County Court. The judgment could have been set aside for irregularity wpon motion, at any time within three years, but was not void. And unless the judgment was absolutely void a title passed under the proceedings. (Perryman vs. Relíe, 8 Mo., 208 ; McNair vs. Riddle, 8 Mo., 257; Massey vs. Scott, 49 Mo., 278 ; Groner vs. Smith, 49 Mo., 318 ; Higgins vs. Peltzer, 49 Mo., 152; Martin vs. Barron, 37 Mo., 305; Tories vs. Bank, 10 Pet., 472, and cases cited; Cooper vs. Reynolds, 10 Wall., 308,and cases cited.) The ease on which the Sheriff’s deed is based, was brought whilst the…
1Opinion of the CourtSherwood, Judge
Action of ejectment brought by James F. Hardin in the Greene Circuit Court against James Lee. Petition in usual form. Answer, a general denial. Both parties claim title through one W. W. Blackman. At the trial, plaintiff testified as to a deed made to him in February, 1868, by Black-man, which deed was lost and appears to have been defectively acknowledged, by reason of the seal of the notary who took the acknowledgment, not having been affixed thereto. The plaintiff then introduced the record of said deed which also showed a defective authentication of the acknowledgment. The court excluded…
2Cases cited5 opinions
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Hunt v. LoucksCalifornia Supreme Court · 1869
- Durham v. HeatonIllinois Supreme Court · 1862
- Parmelee v. HitchcockNew York Supreme Court · 1834
- Patterson v. FaganSupreme Court of Missouri · 1866
3Cited by45 opinions
- State v. WearSupreme Court of Missouri · 1898
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Hope v. BlairSupreme Court of Missouri · 1891
- Gates v. TustenSupreme Court of Missouri · 1886
- Sannoner v. Jacobson & Co.Supreme Court of Arkansas · 1885
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