Shumate v. Reavis
Supreme Court of Missouri
Jtppeal from Johnson Court of Common Pleas. I. Under section 57, chapter 55, Wagner’s Statutes, 612, the sheriff’s deed, offered in evidence was not admissible, not having been recorded. The statute, in declaring that after record the deed may be put in evidence, holds by implication that without record it is not admissible. (3 Brevard, S. C., 306; 5 Texas, 418 ; Bradley v. Holloway, 28 Mo. 155; 36 Mo. 28 ; id. 619.) II.
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Jtppeal from Johnson Court of Common Pleas. I. Under section 57, chapter 55, Wagner’s Statutes, 612, the sheriff’s deed, offered in evidence was not admissible, not having been recorded. The statute, in declaring that after record the deed may be put in evidence, holds by implication that without record it is not admissible. (3 Brevard, S. C., 306; 5 Texas, 418 ; Bradley v. Holloway, 28 Mo. 155; 36 Mo. 28 ; id. 619.) II. As t.o the question of notice, it cannot be contended that • either the plaintiff (Shumate) or Blodgett, his grantor, had actual notice of a prior deed to defendant' (Reavis)…
1Opinion of the CourtAdams, Judge
This was an action of ejectment. The case was submitted to the court and judgment given for defendant. Both parties claim under Benjamin B. Wyatt. The plaintiff, to maintain his case, produced a sheriff’s deed to W. H. Blodgett, under an execution from the Johnson Circuit Court, dated and levied on the 5th of March, 1868, and a sale on the 14th of April, 1868, and being filed for record January 1, 1869. Plaintiff introduced' a deed from Blodgett to himself, of November 16, 1869, and filed for record November 19, 1869, and proved rents and profits, and rested.
The defendant relied on a…
2Cases cited2 opinions
- Maupin v. EmmonsSupreme Court of Missouri · 1871
- Vaughn v. TracySupreme Court of Missouri · 1857
3Cited by10 opinions
- Drey v. DoyleSupreme Court of Missouri · 1889
- Brown v. BaldwinSupreme Court of Missouri · 1894
- Davis v. GreenSupreme Court of Missouri · 1890
- Robo Sales, Inc. v. MclntoshSupreme Court of Missouri · 1973
- Whitman v. TaylorSupreme Court of Missouri · 1875
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