Durette v. Briggs
Supreme Court of Missouri
The courts below erred in admitting the testimony of Muldrow, McPike, Briggs, and others, to contradict the sheriff’s deed to Proctor. Muldrow was himself the sheriff. (Jackson v. Cray, 12 Johns. 427; Jackson y. Yanderheyden, 17 Johns. 167; Jackson y. Eberle, 20 Johns. 49; Jackson y. Roberts, 7 Wend. 83 ; Reed v. Austin, 9 Mo. 723.) Aside from the Proctor execution, the sale under the Rice execution carried the title.
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The courts below erred in admitting the testimony of Muldrow, McPike, Briggs, and others, to contradict the sheriff’s deed to Proctor. Muldrow was himself the sheriff. (Jackson v. Cray, 12 Johns. 427; Jackson y. Yanderheyden, 17 Johns. 167; Jackson y. Eberle, 20 Johns. 49; Jackson y. Roberts, 7 Wend. 83 ; Reed v. Austin, 9 Mo. 723.) Aside from the Proctor execution, the sale under the Rice execution carried the title. The Rice execution was against B. M. Briggs only, and was based upon the oldest judgment — August 26,1859. Even if more land was sold than was sufficient to pay the Rice debt,…
1Opinion of the CourtWagner, Judge
This was an action of ejectment instituted by the plaintiff in the Balls County Circuit Court against the defendant Briggs, who was in possession of the land; and, on motion, McPike, who claimed to own the same, was made a co-defendant. It is admitted that both parties claim to derive title from Briggs as the common source. The plaintiff’s claim originates in a deed from the sheriff of Balls county, in which are recited several executions under which the sales were made. The judgments whence the executions were issued were all rendered in March, 1862, except one in favor of Bice, which was…
2Cases cited11 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Crane v. Lessee of MorrisSupreme Court of the United States · 1832
- Jackson ex dem. Anderson v. AndersonNew York Supreme Court · 1830
- Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
- Hammatt v. WymanMassachusetts Supreme Judicial Court · 1812
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3Cited by20 opinions
- Adams v. BuchananSupreme Court of Missouri · 1871
- Carr v. ThompsonSupreme Court of Missouri · 1878
- Pratt v. EatonSupreme Court of Missouri · 1877
- Tydings v. PitcherSupreme Court of Missouri · 1884
- Durfee v. MoranSupreme Court of Missouri · 1874
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