Buchanan v. Tracy
Supreme Court of Missouri
Appeal from Fifth District Court. The sheriff’s deed is void, in not having the recitals required by the statute. (R. C. 1855, ch. 63, §§ 54, 56; 18 Mo. 580 ; 36 Mo. 115 ; 37 Mo. 194.) The conveyance of land by a sheriff upon sale under execution is a statutory power, and the statute must be pursued strictly; otherwise the conveyance passes no title. (Allen v. Moss, 27 Mo. 364; 9 Mo. 156; 18 Mo. 586-7.)
1Opinion of the CourtBliss, Judge
The plaintiff brought ejectment in the Buchanan Common Pleas against Tracy, who occupied under William Atchison. Atchison defended the suit, and showed title by virtue of a sheriff’s sale to him upon judgment and execution in his favor against the plaintiff. He also set up a former reco'very upon a petition in equity, by the same plaintiff, against the said Atchison, upon which petition judgment was rendered against the plaintiff in the lower court and affirmed in the Supreme Court. (Buchanan v. Atchison, 39 Mo. 503.) The plaintiff claimed that the execution and sale were irregular and void,…
2Cases cited7 opinions
- Williams v. AmoryMassachusetts Supreme Judicial Court · 1817
- Morrell v. DickeyNew York Court of Chancery · 1814
- Stewart v. SeveranceSupreme Court of Missouri · 1869
- Jackson ex dem. Hooker v. YoungNew York Supreme Court · 1826
- Metcalf v. GilletSupreme Court of Connecticut · 1824
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3Cited by6 opinions
- Kane v. McCownSupreme Court of Missouri · 1874
- Evans v. RobbersonSupreme Court of Missouri · 1887
- Owen v. BakerSupreme Court of Missouri · 1890
- Simmons v. AffolterSupreme Court of Missouri · 1914
- Ladd v. ShippieSupreme Court of Missouri · 1874
1 more not listed; retrieve them via the Exa API.