Samuels v. Shelton
Supreme Court of Missouri
Appeal from Adair Circuit Court. among other points made the following: The court erred in admitting in evidence the sheriff’s deed to David Mulanix. ' There was no evidence to show that an execution had ever been issued by the justice and returned nulla bona, nor before what justice the judgment it recited was rendered. (Carr v. Youse, 39 Mo. 846; McCormick v. Eitzmorris, 39 Mo. 32, 33.) The deed is not acknowledged according to law.
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Appeal from Adair Circuit Court. among other points made the following: The court erred in admitting in evidence the sheriff’s deed to David Mulanix. ' There was no evidence to show that an execution had ever been issued by the justice and returned nulla bona, nor before what justice the judgment it recited was rendered. (Carr v. Youse, 39 Mo. 846; McCormick v. Eitzmorris, 39 Mo. 32, 33.) The deed is not acknowledged according to law. The certificate indorsed upon the deed fails to comply with the requirements of the statute. (Gen. Stat. 1865, p. 445, §§ 13, 14; id. 646, §§ 55, 56.) It does…
1Opinion of the CourtWagner, Judge
The action was ejectment to recover the possession of a lot in Linder’s addition to the town of Kirksville. Each party claims from one Bailey as a common source of title. The ruling of the court, in admitting and rejecting evidence for the respective parties, constitutes the real and substantial question in the case. There was a deed from Bailey to one Major P. Roberts offered by plaintiff, and to this there was no. objection. The plaintiff then offered and read in evidence a deed from the sheriff of Adair county to David Mulanix, dated June 1, 1860, conveying Major P. Roberts’ title to the…
2Cases cited10 opinions
- McCormick v. FitzmorrisSupreme Court of Missouri · 1866
- Fenwick v. GillSupreme Court of Missouri · 1866
- Metcalf v. LarnedSupreme Court of Missouri · 1867
- Franse v. OwensSupreme Court of Missouri · 1857
- Carpenter v. KingSupreme Court of Missouri · 1868
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Summer v. MitchellSupreme Court of Florida · 1892
- Madison County Bank v. Suman's AdministratorSupreme Court of Missouri · 1883
- Wilcoxon v. OsbornSupreme Court of Missouri · 1883
- Dabney v. HathawaySupreme Court of Oklahoma · 1915
- McClure v. McClurgSupreme Court of Missouri · 1873
11 more not listed; retrieve them via the Exa API.