Holladay v. Langford
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) The deed of Castello, sheriff, to James M. Hughes and others, parties to this Cause, prior to suit in partition, could not establish an “outstanding title,” and fur-' nislied no defence in the cause; besides that deed was subsequent to deed of trust made by Sigerson.
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Appeal from St. Louis Court of Appeals. (1) The deed of Castello, sheriff, to James M. Hughes and others, parties to this Cause, prior to suit in partition, could not establish an “outstanding title,” and fur-' nislied no defence in the cause; besides that deed was subsequent to deed of trust made by Sigerson. (2) If there was any duty to set up, in the partition cause, the title acquired by Holladay, subsequent to the decree in that cause, then it was more the duty of Tracy, as he was plaintiff in the cause, and he cannot invoke his own mission as an estoppel against other parties. (3) While…
1Opinion of the CourtNo'rton, J.
This is a suit in ejectment, begun in tbe circuit court of St. Louis county in 1877 to recover a parcel of land in tbe subdivision of tbe common of Car-, rondelet, south of tbe river Des Peres, of 39-98 arpensr, known as lot forty of said subdivision. On tbe trial de-. fenda'nt bad judgment which, on plaintiff’s appeal, was-, affirmedby the St. Louis court of appeals, and from which, plaintiff appeals to this conrt. On tbe trial it was agreed that defendant was in tbe possession of tbe land sued for. as the lessee of J ohn H. Tracy; that on tbe twenty-eighth, of March, 1857, John Sigerson was…
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