Brown v. Walker
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Boyle, J. The ambiguity on the face of the sheriff’s deed is a patent ambiguity, and could not be removed by extrinsic evidence. — Campbell v. Johnson, 44 Mo. 247, 248 ; Ware v. Johnson, 66 Mo. 668 ; Andrews v. Todd, 50 N. H. 565. The deed from the sheriff under which respondent claims, is void for uncertainty.
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Appeal from the St. Louis Circuit Court, Boyle, J. The ambiguity on the face of the sheriff’s deed is a patent ambiguity, and could not be removed by extrinsic evidence. — Campbell v. Johnson, 44 Mo. 247, 248 ; Ware v. Johnson, 66 Mo. 668 ; Andrews v. Todd, 50 N. H. 565. The deed from the sheriff under which respondent claims, is void for uncertainty. It vested no title in respondent to appellant’s property, and the court below erroneously admitted it in evidence. — Peck v. Mallams, 10 N. Y. 532, and cases cited; Hill v. Mowray, 6 Gray, 551; Nelson v. Brodhack, 44 Mo. 602 ; King v. Fink, 51…
1Opinion of the CourtThompson, J.
This is an action of ejectment. The plaintiff had judgment in the circuit court, and the defendants appeal. The defendant Walker claimed the property as owner, and the defendant Creeley was his tenant. There was a third defendant, Anderson,but the suit was dismissed as to him. The-plaintiff claims title to the property in controversy by virtue-of a sheriff’s deed executed and delivered to him as purchaser at a sheriff’s sale, under a special execution issued in pursuance of a judgment rendered in the circuit court of the city of St. Louis, against the defendant Walker and the-property in…
2Cases cited15 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Daniel Boardman and Others, in Error v. The Lessees of Reed and Ford, M'call and Others, in ErrorSupreme Court of the United States · 1832
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Norvell v. PorterSupreme Court of Missouri · 1876
- Campbell v. JohnsonSupreme Court of Missouri · 1869
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3Cited by7 opinions
- Kizer v. CaufieldWashington Supreme Court · 1897
- Jones v. DriskillSupreme Court of Missouri · 1887
- Robinson v. LevySupreme Court of Missouri · 1909
- Charley v. KelleySupreme Court of Missouri · 1894
- State ex rel. Rosenblatt v. SargentMissouri Court of Appeals · 1882
2 more not listed; retrieve them via the Exa API.