Bobb v. Graham
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) The circuit court erred in admitting in evidence the sheriff’s deed to John H. Bobb, based upon the sale of the property levied upon under the execution in the case-of Lewis n. Bobb, because plaintiff is estopped by the decree in partition in the case of Belle n. Bobb from asserting any right, title, or interest, as against the title vested in Cora B. Taylor, to the land in controversy by the final decree in partition. Murray n.
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Appeal from St. Louis Court of Appeals. (1) The circuit court erred in admitting in evidence the sheriff’s deed to John H. Bobb, based upon the sale of the property levied upon under the execution in the case-of Lewis n. Bobb, because plaintiff is estopped by the decree in partition in the case of Belle n. Bobb from asserting any right, title, or interest, as against the title vested in Cora B. Taylor, to the land in controversy by the final decree in partition. Murray n. Tates, 73 Mo. 13 ; Border n. Danis, 38 Mo. 115; Picot n. Page, 26 Mo. 421; Tenable n. Beauchamp, 3 Dana, 324; Tan Horn n.…
1Opinion of the CourtNorton, J.
This action of ejectment was brought in the circuit court of the city of St. Louis to recover a certain lot of land in said petition described.
Among other things set up in the answer is the following: That in the month of May, 1880, one-August P. Zelle, as plaintiff, brought in said circuit court a partition suit against JohnH. Bobb, the plaintiff' herein, Cora B. Taylor, a defendant herein, James K. Taylor, her husband, Philip M. Bobb, Charles EL Bobb, and Irene Bobb, as defendants, the purpose of which was to make partition between the parties to said suit of certain lands, including the…
2Cases cited5 opinions
- Parkinson v. CaplingerSupreme Court of Missouri · 1877
- Murray v. YatesSupreme Court of Missouri · 1880
- Kelly v. HurtSupreme Court of Missouri · 1881
- Holladay v. LangfordSupreme Court of Missouri · 1885
- Doolittle v. Don MausIllinois Supreme Court · 1864
3Cited by15 opinions
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- Collier v. Catherine Lead Co.Supreme Court of Missouri · 1907
- Lindell Real Estate Co. v. LindellSupreme Court of Missouri · 1897
- Nave v. AdamsSupreme Court of Missouri · 1891
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