Smith v. Vickery
Supreme Court of Missouri
Appeal from. Pemiscot Circuit Court. — No». Henry G. Riley, Judge. (1) The ex-sheriff had power and authority to make said amended deed without any order of court, at the time he did, under the facts in the case, and this amended .deed related hack to the day of sale.
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Appeal from. Pemiscot Circuit Court. — No». Henry G. Riley, Judge. (1) The ex-sheriff had power and authority to make said amended deed without any order of court, at the time he did, under the facts in the case, and this amended .deed related hack to the day of sale. L. & L. Co. v. Franks, 156' Mo. 673; Porter v. Mariner, 50 Mo. 364; Bush v. White, 85 Mo. 339; Boyd v. Ellis, 107 Mo. 394. (2) . The court erred in rejecting the old tax deed offered in evidence by the defendants for-, the reason the proof in this case shows that the amended sheriff’s deed was predicated upon this old tax deed…
1Opinion of the CourtBrown, J.
— Action to recover possession of eighty acres of land in Pemiscot county; and also to set aside and cancel a sheriff’s deed fo.r delinquent taxes by which defendants hold said land.
It is admitted by the parties that one Albert Smith, who died in 1896, is the common source of title; and that part of his heirs are the plaintiffs herein. Defendants hold a deed from one of the heirs of said Albert Smith, purporting to convey to them an undivided one-tenth interest in the land in controversy; and said defendants claim the whole title to said property through a sheriff’s sale for delinquent taxes.
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2Cases cited6 opinions
- State ex rel. School District Number One v. AndraeSupreme Court of Missouri · 1909
- McKenzie v. United Railways Co.Supreme Court of Missouri · 1909
- State ex rel. Shannon County v. HawkinsSupreme Court of Missouri · 1902
- Ozark Land & Lumber Co. v. FranksSupreme Court of Missouri · 1900
- Fleckenstein v. BaxterSupreme Court of Missouri · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Sutton v. Otis Elevator Co.Utah Supreme Court · 1926
- Gilbert v. MalanMissouri Court of Appeals · 1937
- Journey v. MilerSupreme Court of Missouri · 1952
- Pruitt v. St. Johns Levee & Drainage DistrictSupreme Court of Missouri · 1937
- Johnson v. HaynesMissouri Court of Appeals · 1973
3 more not listed; retrieve them via the Exa API.