Hubble v. Vaughan
Supreme Court of Missouri
Appeal from Greene Circuit Court. Plaintiff claimed tbe property in controversy by virtue of two judgments rendered in Ms behalf, against John McHenry, in 1855. These judgments, as appeared in evidence, were satisfied by a sale of the property on execution. Plaintiff became the purchaser, and received a deed from the sheriff of Greene county, dated in 1864, conveying to Mm McHenry’s interest in the premises.
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Appeal from Greene Circuit Court. Plaintiff claimed tbe property in controversy by virtue of two judgments rendered in Ms behalf, against John McHenry, in 1855. These judgments, as appeared in evidence, were satisfied by a sale of the property on execution. Plaintiff became the purchaser, and received a deed from the sheriff of Greene county, dated in 1864, conveying to Mm McHenry’s interest in the premises. Defendant claimed under a mortgage of the same property, given by McHenry to John Bailey, in 1854, to secure certain notes, which the latter paid, and took possession of the mortgaged…
1Opinion of the CourtFagg, Judge
This was an ordinary action of ejectment to recover the possession of parts of two lots situate in the city of Springfield. The cause seems- to have been tried upon the separate answer of Vaughan—one of the defendants disclaiming any interest in the property, and the other not appearing.
In addition to the general issue, the answer contains a lengthy, detailed statement of facts, which it is claimed constituted an equitable defense to the action. This statement proceeds to show the defendant Vaughan’s possession of the premises by virtue of a sale and conveyance made by the sheriff of Greene…
2Cited by6 opinions
- Schanewerk v. HoberechtSupreme Court of Missouri · 1893
- Frederick v. AllgaierSupreme Court of Missouri · 1886
- Johnson v. HoustonSupreme Court of Missouri · 1871
- Harrington v. FortnerSupreme Court of Missouri · 1874
- Whitman v. TaylorSupreme Court of Missouri · 1875
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