Block v. Morrison
Supreme Court of Missouri
Appeal from St. Louis City Circuit Cowt. — Hon; O. W. Lubke, Judge. (1) The execution issued by the clerk of the supreme court, in May, 1823, in favor of Relf and Chew and Mary Clark against Hammond, was without authority, for the debt or damages, and was utterly void — not simply voidable — as to the debt or damages named in the same.
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Appeal from St. Louis City Circuit Cowt. — Hon; O. W. Lubke, Judge. (1) The execution issued by the clerk of the supreme court, in May, 1823, in favor of Relf and Chew and Mary Clark against Hammond, was without authority, for the debt or damages, and was utterly void — not simply voidable — as to the debt or damages named in the same. There was no judgment of the supreme court for debt or damages, and the clerk had only authority to issue execution ordered by the judgment for costs and charges, and issue the usual mandate to the circuit court; and the circuit court should have issued…
1Opinion of the CourtBlack, J.
This is an action of ejectment to-recover lot 60 in Peter Lindell's second addition to the city of St. Louis. This suit was commenced by the-*347Fourth. National Bank of St. Louis. The bank conveyed the lot to Block and Holtfius pending the suit and they were then substituted as plaintiffs. They recovered in the circuit court, and the defendants appealed.
The facts of the case, so far as are material to the questions raised in this court, are these:
Joseph Hunot claimed a head right under a concession dated in 1802, for eight hundred arpents of land in what is now New Madrid county. In 1810 he…
2Cases cited22 opinions
- Shepley v. CowanSupreme Court of the United States · 1876
- Bagnell v. BroderickSupreme Court of the United States · 1839
- Landes v. BrantSupreme Court of the United States · 1851
- Fontaine v. Boatmens' Savings InstitutionSupreme Court of Missouri · 1874
- Brant v. RobertsonSupreme Court of Missouri · 1852
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3Cited by32 opinions
- Felton v. SpiroCourt of Appeals for the Sixth Circuit · 1897
- Cooper v. StateTennessee Supreme Court · 1909
- Byrne v. Kansas City, Ft. S. & M. R.Court of Appeals for the Sixth Circuit · 1894
- Metropolitan Street Railway Co. v. WalshSupreme Court of Missouri · 1906
- Girard v. St. Louis Car Wheel Co.Supreme Court of Missouri · 1894
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