Smith v. Phillips
Supreme Court of Missouri
Appeal from Perry Circuit Court. Tin's was an action in the nature of an action of ejectment. The plaintiffs assert title to the tract of land in dispute as heirs of one Henry Clark. The defendant in his answer denies plaintiffs’ title, asserts - title in himself, and sets up the statute of limitations.
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Appeal from Perry Circuit Court. Tin's was an action in the nature of an action of ejectment. The plaintiffs assert title to the tract of land in dispute as heirs of one Henry Clark. The defendant in his answer denies plaintiffs’ title, asserts - title in himself, and sets up the statute of limitations. At the trial the defendant, to show title in himself, introduced in evidence, against the objection of plaintiffs, a record of acknowledgment by the sheriff of Perry county of a deed from himself as sheriff to one Gustavus A. Bird. This acknowledgment purported to be an acknowledgment of a…
1Opinion of the CourtRichabdson, Judge
The best evidence of which the case is susceptible must be produced, and evidence is never primary when it carries ou its face the indication that better exists. The law requires a sheriff, when he sells real estate under execution, to execute, acknowledge and deliver a deed to the purchaser, on complying with the terms of sale ; and whenever title is asserted under a sheriff’s sale, the production of a deed is required or' its absence accounted for as a preliminary to the introduction, of secondary evidence of its contents. The copy from the! record of the sheriff’s acknowledgment was read…
2Cited by1 opinion
- Hiney v. ThomasSupreme Court of Missouri · 1865