Paddock v. Lance
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. — Hoh. Robert S. Wilson, Judge. There was no issue made, and no evidence offered attacking the bona fldes of the sheriff’s deed, and the court erred in finding it fraudulent and void. The judgment should be responsive to the issues presented in the pleadings, and the court erred in finding on matters foreign to the record as made by the pleadings.
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Appeal from Cape Girardeau Circuit Court. — Hoh. Robert S. Wilson, Judge. There was no issue made, and no evidence offered attacking the bona fldes of the sheriff’s deed, and the court erred in finding it fraudulent and void. The judgment should be responsive to the issues presented in the pleadings, and the court erred in finding on matters foreign to the record as made by the pleadings. Ross v. Ross, 81 Mo. 84; Dougherty v. Adlans, 81 Mo. 411; Bank v. Pointz, .60 Mo. 531; White v. Rush, 58 Mo. 105.
1Opinion of the Court
Black J.
The plaintiffs recovered a judgment against the defendant, Henry D. Lance, in January, 1884 on a note dated in 1880. They purchased the one acre of land here in question at. a sale made under an execution issued on the judgment, the amount bid being less than one hundred dollars. The sale was made in May, 1884. Lance acquired the property in May, 1882, and then gave a deed of trust on the same to secure a part of the purchase price. Some seventy-five dollars of this debt being unpaid, the trustee sold the property, on the twenty-fourth of November, 1883, and Mrs. Lance, the wife of…
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