Brush v. White
Supreme Court of Missouri
Appeal from, Saline Circuit Court.—Hon. John P„ Strother, Judge. (1) The court erred iu excluding the sheriff’s amended deed dated May 3, 1807, from B. H. Hawpe, sheriff, to Wm. H. Trigg, and the deed from Trigg to defendant, Wade. The first sheriff’s deed being defective, it was the duty of the sheriff to make an amended one. Thornton v.' McKimmon, 48 Mo. 219. The omission of the word “door” in the amended deed was simply a clerical error and was immaterial.
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Appeal from, Saline Circuit Court.—Hon. John P„ Strother, Judge. (1) The court erred iu excluding the sheriff’s amended deed dated May 3, 1807, from B. H. Hawpe, sheriff, to Wm. H. Trigg, and the deed from Trigg to defendant, Wade. The first sheriff’s deed being defective, it was the duty of the sheriff to make an amended one. Thornton v.' McKimmon, 48 Mo. 219. The omission of the word “door” in the amended deed was simply a clerical error and was immaterial. Strain v. Murphy, 49 Mo. 337; Buchanan v. Tracy, 45 Mo. 437; Dams v. Kline, 76 Mo. 310; Alton v. Sales, 56 Mo. 28; Wilhite r. Wilhite,…
1Opinion of the Court
Martin, C.
On the fourteenth day of May, 1881, the plaintiff sued the defendant, J ames White, in ejectment to recover one hundred and sixty acres of land occupied by him, and situated about ten miles from the city of Marshall, in Saline county. The defendant, William H. Wade, appeared, and on his own motion was made co-defendant with White, on account of holding to him the relation of landlord. In his separate amended answer, the defendant, Wade, denies the title of plaintiff, and pleads the statute of limitations. He also ' pleads facts tending to establish an estoppel against the claim of…
2Cases cited14 opinions
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- Emory v. KeighanIllinois Supreme Court · 1880
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