Scruggs v. Scruggs
Supreme Court of Missouri
.-.Error to -First District Court. This suit was commenced at the August.term, 1868, of the Circuit Court of Cole county, more than twenty years after the original sale and deed. . I. There is no pretense that the sheriff, when it is claimed that he made his levy, did any act to show what he had done, or attempted t.o make any. sort of a return on the execution.
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.-.Error to -First District Court. This suit was commenced at the August.term, 1868, of the Circuit Court of Cole county, more than twenty years after the original sale and deed. . I. There is no pretense that the sheriff, when it is claimed that he made his levy, did any act to show what he had done, or attempted t.o make any. sort of a return on the execution. Here the officer had nothing to amend from, and he was permitted by the court blindly, as it were., to make an entry nunc pro tunc, without its being made to appear how he knew th.at he was performing a duty then that he should have…
1Opinion of the CourtCurrier, Judge
This -is an ejectment suit-,- and it is now here for the third time. (See 41 Mo. 242; 43 Mo. 142.) It is unnecessary to re-state its general facts.-. The main contest now gathers about the action of the court below in granting leave to amend the sheriff’s return upon an execution. ,
*273Tbe plaintiff deduces title from James A. Scruggs, one of the defendants, through a sheriff’s deed to the former, executed to him in pursuance of a levy and sale under *an execution against the latter. The return upon the execution shows that money was derived from a sale of real estate, but the return omits to…
2Cases cited5 opinions
- Blaisdell v. Steamboat William PopeSupreme Court of Missouri · 1853
- Webster v. BlountSupreme Court of Missouri · 1867
- Scruggs v. ScruggsSupreme Court of Missouri · 1867
- Scruggs v. ScruggsSupreme Court of Missouri · 1869
- Tindall v. JohnsonSupreme Court of Missouri · 1835
3Cited by11 opinions
- Morrissey v. GrayCalifornia Supreme Court · 1911
- Eyermann v. ProvenchereMissouri Court of Appeals · 1884
- Majewski v. BenderMissouri Court of Appeals · 1951
- Fee v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1894
- Spellmyerv. GaffIllinois Supreme Court · 1884
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