Matney v. Graham
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. I. The sheriff’s deed read in evidence to the jury should have been excluded. 1. No notice of the sale of said property had been given as required by law, because the notice was not published in the Union as recited in the deed, and because the notice published in the Volksblatt stated that the sale would take place during the session of the Circuit Court, when in fact it was made, as recited in the deed, during the session of the Buchanan…
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Appeal from Buchanan Circuit Court. I. The sheriff’s deed read in evidence to the jury should have been excluded. 1. No notice of the sale of said property had been given as required by law, because the notice was not published in the Union as recited in the deed, and because the notice published in the Volksblatt stated that the sale would take place during the session of the Circuit Court, when in fact it was made, as recited in the deed, during the session of the Buchanan Court of Common Pleas. 2. Because the recitals in the deed, showing the manner and place in which the notice of sale…
1Opinion of the CourtWagner, Judge
Plaintiff brought his action of ejectment in the court below, and had judgment for the possession of the lot in controversy. The objections urged here by appellants are mostly to the rulings of the court in the admission of evidence. It will be unnecessary to notice them all, as some of them are purely technical and devoid of merit.
The point that the sheriff’s dee’d was inadmissible in evidence be,cause its recital was that the notice of the sale was published in the Union, when in fact it was published in the Herald, we do not think is .sustainable. It was obviously a clerical error, and is…
2Cases cited2 opinions
- United States v. Grundy and ThornburghSupreme Court of the United States · 1806
- Stewart v. SeveranceSupreme Court of Missouri · 1869
3Cited by2 opinions
- Griffith v. CanningSupreme Court of Missouri · 1873
- Wigley v. BeauchampSupreme Court of Missouri · 1873