Smith v. Thompson
Supreme Court of Missouri
Appeal from Grundy Circuit Court. — Hon. A. H. Bwrkeholder> Special Judge. (1) The court erred in finding that the land in controversy was subject to sale and execution under the judgment in favor of the city of Trenton against F. M. DeVorss.
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Appeal from Grundy Circuit Court. — Hon. A. H. Bwrkeholder> Special Judge. (1) The court erred in finding that the land in controversy was subject to sale and execution under the judgment in favor of the city of Trenton against F. M. DeVorss. Duffy v. Willis, 99 Mo. 229; Foreman v. Meroney, 18 Mo. 429; Porter v. Clarke, 18 Mo. 425; Thompson on Homesteads, sec. 287. (2) The court- erred in finding that the land in controversy was not the homestead of DeVorss at the time of tire- levy and sale, or at the time of the rendition of the judgment. 12 Am. and Eng. Ency. of Law, 108, and authorities:…
1Opinion of the Court
VALLIANT, L.
— This is a suit in equity to enjoin the sale of certain land in Grundy county, under a deed of trust, upon the ground that the sale would cast- a cloud on the plaintiff’s title.
The statements in the petition are to the effect that- in 1895 the circuit court of Grundy county rendered a judgment in favor of the city of Trenton, against one F. M. *557DeVorss for $100, under which judgment execution issued, and all the right, title and interest of the judgment debtor in the land in question was sold on November 19, 1891, by the sheriff of that county, after due proceedings; that the…
2Cases cited2 opinions
- Macke v. ByrdSupreme Court of Missouri · 1895
- Bealey v. BlakeSupreme Court of Missouri · 1900
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