Porter v. Mariner
Supreme Court of Missouri
Appeal from Jackson Circuit Court. The fact that the sheriff had not made the levy, in no manner abridged his power to execute a deed after the expiration of his term of office. (See Hunter v. Miller et al., 36 Mo. 147; Duncan v. Matney, 29 Mo. 375.) I. Hayden was the proper officer to make the deed. (Duncan v. Matney, 29 Mo. 885 ; Hunter v. Miller, 36 Mo. 147.) n. The deed, when made^- took effect by relation from the date of the sale.
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Appeal from Jackson Circuit Court. The fact that the sheriff had not made the levy, in no manner abridged his power to execute a deed after the expiration of his term of office. (See Hunter v. Miller et al., 36 Mo. 147; Duncan v. Matney, 29 Mo. 375.) I. Hayden was the proper officer to make the deed. (Duncan v. Matney, 29 Mo. 885 ; Hunter v. Miller, 36 Mo. 147.) n. The deed, when made^- took effect by relation from the date of the sale. (Alexander & Betts v. Merry, 9 Mo. 514 ; Crowley v. Wallace, 12 Mo. 143 ; Thornton y. Miskimmon, 48 Mo. 219 ; Jackson v. Ramsay, 3 Cow. 75 ; Colyer v.…
1Opinion of the CourtAdams, Judge
This is an action of ejectment. The defendant claimed title from plaintiff under a sheriff’s deed. The court excluded this deed and rendered judgment for plaintiff. The deed purports to have been executed by John G. Hayden, late sheriff of Jackson county, September 22, 1869, and recites :
1. A judgment of the Jackson Circuit Court, rendered on the 15th day of March, 1858, in favor of Smart and Chrisman, admin*366istrators of Smith, against plaintiff Porter; and under that judgment execution issued January 16,1861, to the sheriff of Jackson county, returnable to the March term, 1861, and on the…
2Cases cited3 opinions
- Strain v. MurphySupreme Court of Missouri · 1872
- Groner v. SmithSupreme Court of Missouri · 1872
- Bolton v. LansdownSupreme Court of Missouri · 1855
3Cited by15 opinions
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- Head v. DanielsSupreme Court of Kansas · 1887
- Wellshear v. KelleySupreme Court of Missouri · 1879
- Gibson v. Chicago Great Western Railway Co.Supreme Court of Missouri · 1910
- Lovell v. DavisMissouri Court of Appeals · 1893
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