Hamilton v. Boggess
Supreme Court of Missouri
Appeal from Jackson County Circuit Court. I. The instrument from the sheriff to Wilson, being without seal, was inoperative at law ; and it could convey no other than a legal title. Hence, its record imparted no notice.
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Appeal from Jackson County Circuit Court. I. The instrument from the sheriff to Wilson, being without seal, was inoperative at law ; and it could convey no other than a legal title. Hence, its record imparted no notice. (Wagn Stat. 277, § 24 ; Keaeh vs. Koenig, 55 Mo. 453 ; Moreau vs. Hetche■mendy, 18 Mo. 522 ; Allen vs. Moss, 27 Mo. 354; Moreau vs. Branham, 27 Mo. 351; Ware vs. Johnson, 55 Mo. 500.) If the appellant cannot he charged with notice of the sheriff’s deed, then the record of the deed from Wilson to Hamilton would affect no one with notice, such deed not being in the line of the…
1Opinion of the CourtNapton, Judge
- This is an action of ejectment for lots 4 and 5 of the northwest quarter of section three, township 44, range 33, in Cass County, begun 16th September, 1869.
The oral testimony in this case, as reported in the bill of exceptions, does not explain, as clearly as it might have done some material facts touching the locality of the land in dispute and its partial occupancy subsequent to its abandonment in 1863.
As far, however, as I have been able to gather the facts from rather confused and occasionally contradictory statements of witnesses, they appear to be about as follows :
Charles Hamilton,…
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