Legal Opinion

McLaughlin v. Schultz

Supreme Court of Missouri

Decided December 18, 1894PublishedCited by 1 opinion

Appeal from Greene Circuit Court. — Hon. W. D. Hubbard, Judge. This being an action at law, not even an effort being made at equity after amputating the Sims prong of it, by dismissing his complaint, there was left no evidential grounds on which to go back to the files of circuit clerk nor the justice. Seaman v. Paddock, 51 Mo.

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Appeal from Greene Circuit Court. — Hon. W. D. Hubbard, Judge. This being an action at law, not even an effort being made at equity after amputating the Sims prong of it, by dismissing his complaint, there was left no evidential grounds on which to go back to the files of circuit clerk nor the justice. Seaman v. Paddock, 51 Mo. App. 467. Sales can not be impeached collaterally in ejectment where a stranger purchases lands at an execution sale; it can be impeached only by direct proceeding by motion to set aside the sale, or where a deed has been made by an action in the nature of a bill in…

1Opinion of the CourtGantt, P. J.

This is an action of ejectment in statutory form for the following parcel of land in Greene county, Missouri, to wit: “AH of the south half of the following described tract of land situated in the city of Springfield, commencing at a point twenty (20) rods south and thirteen (13) rods west of the northeast corner of section twenty-four (24) in township twenty-nine (29), in range twenty-two (22) west of the fifth principal meridian, being the northwest corner of a lot of ground sold by J. L. Robberson to Sarah Jones, thence sis (6) rods for a beginning point thirty-eight and one half (38 1-2)…

2Cases cited5 opinions

  1. Burnett v. McClueySupreme Court of Missouri · 1887
  2. Charley v. KelleySupreme Court of Missouri · 1894
  3. Gilkeson v. KnightSupreme Court of Missouri · 1880
  4. Schroeder v. FrederickMissouri Court of Appeals · 1888
  5. Irwin v. EvansSupreme Court of Missouri · 1887

3Cited by1 opinion

  1. Consumers Lumber & Investment Co. v. HayutinSupreme Court of Colorado · 1924

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