Kerstner v. Vorweg
Supreme Court of Missouri
Appeal from Cape Girardeau Court of Common Pleas.— Hon. Alex. Ross, Judge. The fact that plaintiff did not take the witness stand and testify to the bona fide character of the conveyance to him requires a reversal of the judgment of the trial court.
Read the full summary
Appeal from Cape Girardeau Court of Common Pleas.— Hon. Alex. Ross, Judge. The fact that plaintiff did not take the witness stand and testify to the bona fide character of the conveyance to him requires a reversal of the judgment of the trial court. Felt v. Hatcher, 58 Mo. 235; Bent v. Lewis, 88 Mo. 471; Baldwin v. Whitcomb, 71 Mo. 651; Maberry v. McClurg, 74 Mo. 574. (1) A deed by a judgment debtor made before judgment to a bona fide purchaser but recorded after judgment and before execution sale takes precedence over a sheriff’s deed. Sappington v. Oeschli, 49 Mo. 247; Black v. Long, 60 Mo.…
1Opinion of the CourtGantt, P. J.
Plaintiff recovered judgment in ■ejectment, in the circuit court of Cape Girardeau county, for the possession of four town lots in the city ■of Cape Girardeau, conveyed to him by Christain Hirsch, Sr., in his lifetime for the consideration of $450, by a deed dated March 27, 1889, and recorded January 13,1890. Defendants admitted possession and relied on an equitable defense, as to three of the lots, founded upon a sheriff’s deed of date February 1,1890, which deed was based on a judgment against Hirsch of •date September 26, 1889. It was alleged in the answer that plaintiff was a son-in-law…
2Cases cited4 opinions
- Scovill v. BaldwinSupreme Court of Connecticut · 1858
- Carter v. PriorSupreme Court of Missouri · 1883
- Diel v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
- Garland v. SmithSupreme Court of Missouri · 1895
3Cited by14 opinions
- Koehler v. RowlandSupreme Court of Missouri · 1918
- Hubbard v. SlavensSupreme Court of Missouri · 1909
- Kostuba v. MillerSupreme Court of Missouri · 1897
- Fulsom-Morris Coal & Mining Co. v. MitchellSupreme Court of Oklahoma · 1913
- Erhart v. ToddSupreme Court of Missouri · 1959
9 more not listed; retrieve them via the Exa API.