Cabell v. Grubbs
Supreme Court of Missouri
Appeal from Chariton Circuit Court. I. The sheriff’s deed in this case was made under the statute of 1825, under which the recitals in the deeds were not evidence of a judgment and execution, and persons relying on such deeds must produce valid judgments and executions to sustain them. (R. S. 1825, tit. Executions; McCormick v. Eitzmorris, 89 Mo. 24.) II. The judgment produced to sustain the deed in the case is void.
Read the full summary
Appeal from Chariton Circuit Court. I. The sheriff’s deed in this case was made under the statute of 1825, under which the recitals in the deeds were not evidence of a judgment and execution, and persons relying on such deeds must produce valid judgments and executions to sustain them. (R. S. 1825, tit. Executions; McCormick v. Eitzmorris, 89 Mo. 24.) II. The judgment produced to sustain the deed in the case is void. It is a general judgment rendered on an order of publication alone against a non-resident defendant, and, as such, is absolutely void and does not sustain the deed. (Smith v.…
1Opinion of the CourtCuRRiER, Judge
This is an ejectment suit, and the plaintiff’s title rests upon a sheriff’s deed executed in pursuance of an execution sale held in March, 1880. It is objected that the judgment and execution under which the sale was had were invalid. The judgment was rendered in an attachment suit, the defendant in the attachment not appearing. It was general and in personam. The execution followed the judgment, and was of like character. It described no property and pointed to no attachment. These proceedings were had under the attachment act of 1825 (R. S. 1825, p. 144 et seq.), and must be judged by that…
2Cases cited6 opinions
- Draper v. BrysonSupreme Court of Missouri · 1852
- Crowley v. WallaceSupreme Court of Missouri · 1848
- Tully v. DavisIllinois Supreme Court · 1863
- Stanton v. ButtonSupreme Court of Connecticut · 1818
- Alexander v. MerrySupreme Court of Missouri · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Chouteau v. AllenSupreme Court of Missouri · 1879
- Hatcher v. HallMissouri Court of Appeals · 1956
- Lalakea v. Hilo Sugar Co.Hawaii Supreme Court · 1904
- Howard v. StevensonMissouri Court of Appeals · 1882
- Norman's Land & Manufacturing Co. v. HunterSupreme Court of Missouri · 1917
1 more not listed; retrieve them via the Exa API.