Howell v. Sherwood
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Ho». Jas. T. Ne-ville, Judge. The sheriff’s deed attempting to convey Carlton’s interest is absolutely void because of lack of jurisdiction in the court to render judgment in the so-called garnishment proceeding against Carlton. Norvell v. Porter, 62 Mo. 309; Gates v. Tusten, 89 Mo. 13; Malsby v. Farr, 3 Mo. 430; Coal Co. v. Adams, 991 Mo. App. 482; Huffman v. Sisk, 62 Mo.
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Appeal from Greene Circuit Court. — Ho». Jas. T. Ne-ville, Judge. The sheriff’s deed attempting to convey Carlton’s interest is absolutely void because of lack of jurisdiction in the court to render judgment in the so-called garnishment proceeding against Carlton. Norvell v. Porter, 62 Mo. 309; Gates v. Tusten, 89 Mo. 13; Malsby v. Farr, 3 Mo. 430; Coal Co. v. Adams, 991 Mo. App. 482; Huffman v. Sisk, 62 Mo. App. 398 ; Feurt v. Castor, 174 Mo. 301; Anderson v. Scott, 2 Mo. 15; Cabeen v. Douglas, 1 Mo. 336; Padden v. Moore, 12 N. W. 724; Brown on Jurisdiction, pp. 121, 122, 127; 1 Black on…
1Opinion of the CourtWoodson, J.
This is a suit in ejectment for the possession of a tract of some ten acres of land, situate in the city' of Springfield, Greene county.
The petition was in the usual form, and the answer of defendant Sherwood was a general denial of all the allegations of the petition except the one of possession, and that of defendant Blakey was a disclaimer of all interest in the premises exeept as a tenant of his co-defendant.
The cause was tried by the court without the intervention of a jury, which .resulted in a judgment for the plaintiff, and defendant duly appealed to this court.
Charles Carlton was the…
2Cases cited5 opinions
- Gates v. TustenSupreme Court of Missouri · 1886
- Feurt v. CasterSupreme Court of Missouri · 1903
- Norvell v. PorterSupreme Court of Missouri · 1876
- Cabeen v. DouglassSupreme Court of Missouri · 1823
- Anderson v. ScottSupreme Court of Missouri · 1828
3Cited by14 opinions
- Fulkerson v. LairdMissouri Court of Appeals · 1967
- C. Rallo Contracting Company v. BlongMissouri Court of Appeals · 1958
- State Ex Rel. Shaw State Bank v. PfeffleMissouri Court of Appeals · 1927
- Norton v. ReedSupreme Court of Missouri · 1913
- Howell v. SherwoodSupreme Court of Missouri · 1912
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