Jones v. Mack
Supreme Court of Missouri
Jlppeal from, Johnson Court of Common Pleas. I. The sale by tbe sheriff in tbe case at law, no order being Issued to him by tlie County Court, was coram nonjudice, and tbe deed made by him to defendant passed no title. a. When statutory powers are conferred on aninferior tribunal of limited and statutory powers, and a mode of execut■ing such powers is prescribed, the mode prescribed must be strictly pursued, or the acts of such tribunal are coram non judice, and void.
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Jlppeal from, Johnson Court of Common Pleas. I. The sale by tbe sheriff in tbe case at law, no order being Issued to him by tlie County Court, was coram nonjudice, and tbe deed made by him to defendant passed no title. a. When statutory powers are conferred on aninferior tribunal of limited and statutory powers, and a mode of execut■ing such powers is prescribed, the mode prescribed must be strictly pursued, or the acts of such tribunal are coram non judice, and void. (English vs. Smock, 34 Ind., 115 ; 7 Amer. Rep., 215 ; Adam vs. Tiernan, 5 Dana., 394; Frees vs. Ford, (3 Seld.,) 6 N. Y. 176…
1Opinion of the CourtAdams, Judge
This was an ejectment for a quarter section of land in Johnson county.
The plaintiff showed a clear paper title.
The defendant set up a sheriff’s sale and deed under a mortgage, which had been given by the plaintiff to the county of Johnson to secure a debt due for school funds. The mortgage was in the form prescribed by the 22nd section of the 2nd article of the act entitled, “ an act to provide for the organization, support and government of common schools in the State of Missouri, approved Dec., 12, 1855,” which provides, that “ every mortgage, taken under the provisions of this act, shall…
2Cases cited1 opinion
- Jackson v. MagruderSupreme Court of Missouri · 1872
3Cited by12 opinions
- Wilcoxon v. OsbornSupreme Court of Missouri · 1883
- Wolff v. WardSupreme Court of Missouri · 1891
- Fischer v. JohnsonMissouri Court of Appeals · 1892
- Honaker v. ShoughSupreme Court of Missouri · 1874
- Sexton v. HullMissouri Court of Appeals · 1891
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