Brannock v. McHenry
Supreme Court of Missouri
Appeal from Stoddard Circuit Court. — Eon. J. L. Fort, Judge. (1) The indorsement of the clerk’s certificate of acknowledgement upon a sheriff’s deed is an essential part of the deed, without which it is void. Ryan v. Carr, 46 Mo. 482; Adams v. Buchanan, 49 Mo. 64; G-raton v. Land & Lumber Co., 189 Mo."320. (2) This certificate of acknowledgement cannot be supplied by the clerk’s minutes.
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Appeal from Stoddard Circuit Court. — Eon. J. L. Fort, Judge. (1) The indorsement of the clerk’s certificate of acknowledgement upon a sheriff’s deed is an essential part of the deed, without which it is void. Ryan v. Carr, 46 Mo. 482; Adams v. Buchanan, 49 Mo. 64; G-raton v. Land & Lumber Co., 189 Mo."320. (2) This certificate of acknowledgement cannot be supplied by the clerk’s minutes. Samuels v. Shelton, 48 Mo. 444; McClurg v. McClurg, 53 Mo. 173; Lincoln v. Thompson, 75 Mo. 613. (3) A court of equity will not'aid in the execution of a statutory power; the statutory remedy is exclusive.…
1Opinion of the Court
WILLIAMS, C.
This is an action under section 650, Revised Statutes 1899 (Sec. 2535, R. S. 1909), to quiet title to tbe south half of lot 2-, tbe north half of tbe south half of lot 3, and tbe south half of lot 4, section 6, township 27,. range 12, in Stoddard county, Missouri.
Tbe petition is in tbe usual form. Tbe defendants, by tbeir answer, claim title in themselves, and ask for affirmative relief; also plead tbe ten-year and thirty-year Statutes of Limitation, and laches. Tbe answer also contained a count asking for a new sheriff’s deed from tbe present sheriff as follows:
“Further…
2Cases cited14 opinions
- Bishop v. SchneiderSupreme Court of Missouri · 1870
- Graton v. Holliday-Klotz Land & Lumber Co.Supreme Court of Missouri · 1905
- McClure v. McClurgSupreme Court of Missouri · 1873
- Samuels v. SheltonSupreme Court of Missouri · 1871
- State v. CarrSupreme Court of Missouri · 1898
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3Cited by5 opinions
- Cunningham v. HughesMissouri Court of Appeals · 1994
- Klorner v. NunnSupreme Court of Missouri · 1958
- Pruitt v. St. Johns Levee & Drainage DistrictSupreme Court of Missouri · 1937
- Saunders v. Hackley & Hume Co.Supreme Court of Missouri · 1918
- Johnston v. Star Bucket Pump Co.Supreme Court of Missouri · 1918