Weston v. Clark
Supreme Court of Missouri
Appeal from St. Louis Land Court. I. The plaintiff having given in evidence the judgment and execution in the case of James A. Monks v. Isaac T. Green and Franklin Weston, and also the sheriff’s deed dated February 8, 1860, to the defendant, it was not competent for the plaintiff’ to give evidence tending to prove that said judgment had been satisfied before the sheriff’s sale of the property in question to the defendant. . The evidence shows that Weston paid some money, and…
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Appeal from St. Louis Land Court. I. The plaintiff having given in evidence the judgment and execution in the case of James A. Monks v. Isaac T. Green and Franklin Weston, and also the sheriff’s deed dated February 8, 1860, to the defendant, it was not competent for the plaintiff’ to give evidence tending to prove that said judgment had been satisfied before the sheriff’s sale of the property in question to the defendant. . The evidence shows that Weston paid some money, and gave his, or rather the note of Weston & Son, to defendant; but it does not appear that the defendant agreed to accept…
1Opinion of the CourtHolmes, Judge
Roth parties claim title under the same person, from whom the- possession is admitted to have been derived.
The plaintiff claims under a sheriff’s sale and deed under an older judgment, the lien of which had expired, by virtue of an execution levied within five years from the date of the judgment. The defendant claims by virtue of a prior sheriff’s sale and deed, under an execution issued upon a junior judgment, which was a lien unless the same had been extinguished by satisfaction prior to the issuing of the execution. The plaintiff put in evidence his own title papers, and also the judgment,…
2Cases cited1 opinion
- Jackson ex dem. Anderson v. AndersonNew York Supreme Court · 1830
3Cited by10 opinions
- Savage v. BlanchardMassachusetts Supreme Judicial Court · 1889
- Durette v. BriggsSupreme Court of Missouri · 1871
- Albers v. KozeluhNebraska Supreme Court · 1903
- Kennedy v. EderIndiana Court of Appeals · 1923
- Huff v. MortonSupreme Court of Missouri · 1884
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