Thornton v. Miskimmon
Supreme Court of Missouri
Error to First District Court. I. Tbe Circuit Court erred in permitting defendant- to read in evidence tbe second deed from tbe sheriff. This deed is subsequent in date to- the institution of this suit. As between tbe defendant in tbe execution and tbe purchaser, a sheriff’s deed acquired even after issue joined may be used by defendant under certain circumstances without being pleaded'puis darricn continuance.
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Error to First District Court. I. Tbe Circuit Court erred in permitting defendant- to read in evidence tbe second deed from tbe sheriff. This deed is subsequent in date to- the institution of this suit. As between tbe defendant in tbe execution and tbe purchaser, a sheriff’s deed acquired even after issue joined may be used by defendant under certain circumstances without being pleaded'puis darricn continuance. (3 Cow. 75.) But this rule is ever applied under tbe limitation that it must not affect tbe rights of strangers or third parties. (3 Cow. 79; 12 Mo. 147; 9 Mo. 525; 9 Pick. 167, 169-70…
1Opinion of the CourtBliss, Judge
In 1865 the defendant purchased at sheriff’s sale certain real estate in the town of Clinton, upon four executions against one John G. Thornton. He paid a full consideration, took possession, and made improvements ; but the sheriff’s deed defectively described the judgments and executions, and the returns were imperfect. In August, 1867, an execution was issued upon another judgment against said John G. Thornton, and in .October following the same property was bid in by the plaintiff for a nominal *222consideration; and this suit is brought to recover possession. Pending the suit, the sheriff was…
2Cases cited2 opinions
- Crowley v. WallaceSupreme Court of Missouri · 1848
- Jackson ex dem. Jones v. StikerNew York Supreme Court · 1800
3Cited by5 opinions
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- Paul v. FriesSupreme Court of Florida · 1882
- Ridgway v. GloverSupreme Court of Alabama · 1877