Sachse v. Clingingsmith
Supreme Court of Missouri
Appeal from Gape Girardeau Circuit Court. — Hon. J. H. Foster, Judge. (1) The sheriff’s deed was regular, and was primafacie evidence of the facts there instated, and the circuit court committed error in excluding the same. Carpenter d. King, 42 Mo. 219 ; Perkins v. Quigley, 62 Mo. 498 ; Waddeln. Williams, 50 Mo. 216. (2) The transcript of the judgment, and the record thereof, were both competent and relevant testimony, and the court erred in excluding them.
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Appeal from Gape Girardeau Circuit Court. — Hon. J. H. Foster, Judge. (1) The sheriff’s deed was regular, and was primafacie evidence of the facts there instated, and the circuit court committed error in excluding the same. Carpenter d. King, 42 Mo. 219 ; Perkins v. Quigley, 62 Mo. 498 ; Waddeln. Williams, 50 Mo. 216. (2) The transcript of the judgment, and the record thereof, were both competent and relevant testimony, and the court erred in excluding them. Ruby v. Railroad, 89 Mo. 482; Transe v. Owens, 25 Mo. 334; Ooonce v. Munday, 3 Mo. 264 ; Burke v. Miller, 46 Mo. 262, and cases supra.…
1Opinion of the CourtBarclay, J.
This is a suit to set -aside a deed alleged to be fraudulent, and an interference with plaintiff’s claim of title to certain land.
The pleadings need not be recited at length.
The petition presents the theory of plaintiff’s ownership of the land in question by virtue of a purchase at an execution sale under certain proceedings (the nature of which will fully appear later); that the execution debtor had made a fraudulent voluntary conveyance to one of the other defendants to hinder and dela(y creditors, especially plaintiff. This conveyance the court is asked to set aside.
The answer, besides a…
2Cases cited1 opinion
- Perkins v. QuigleySupreme Court of Missouri · 1876
3Cited by5 opinions
- Greene County Bank v. GraySupreme Court of Missouri · 1898
- Huhn v. LangSupreme Court of Missouri · 1894
- Jordan v. SurghnorSupreme Court of Missouri · 1891
- Tracy v. WhitsettMissouri Court of Appeals · 1892
- Kennedy v. BallardMissouri Court of Appeals · 1890