Evans v. Robberson
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. F. Geiger, Judge. (1) Plaintiff cannot recover in ejectment unless the-legal title was vested in Mm at the time of bringing the suit. Large n. Fisher, 49 Mo. 307 ; Norfleet ». Russell, 64 Mo. 176; Ford n. French, 72 Mo. 250; Dunlap ro.
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Appeal from Greene Circuit Court. — Hon. W. F. Geiger, Judge. (1) Plaintiff cannot recover in ejectment unless the-legal title was vested in Mm at the time of bringing the suit. Large n. Fisher, 49 Mo. 307 ; Norfleet ». Russell, 64 Mo. 176; Ford n. French, 72 Mo. 250; Dunlap ro. Henry, 76 Mo. 106. (2) The sheriff’s deed to plaintiff, Evans, is void on its face, from its own recitals, for the following reasons: The recital in said deed that the real estate in question was advertised to be sold between the “lawful hours” of, etc. (said day of sale), renders said deed void; said sheriff having…
1Opinion of the CourtBrace, J.
This was an action in ejectment for the west one-half of the northwest quarter of section 4, township 30, range 22, in Greene county, Missouri. The petition, in usual form, was filed April 14, 1883. The answer of the defendant admitted possession and denied the other allegations of the petition. The case was tried by the court without a jury; verdict and judgment for plaintiff. Both parties claim title under one Theophilus Leathers, who, it was admitted, was the owner of the land at the time of his death in 1857, and who, by will, devised said land to his wife, Elizabeth (who died January 24,…
2Cases cited5 opinions
- Vance v. CorriganSupreme Court of Missouri · 1883
- Draper v. BrysonSupreme Court of Missouri · 1852
- State ex rel. Hunt v. SackSupreme Court of Missouri · 1883
- Wilhite v. WilhiteSupreme Court of Missouri · 1873
- Buchanan v. TracySupreme Court of Missouri · 1870
3Cited by16 opinions
- Allen v. RaySupreme Court of Missouri · 1888
- Keaton v. JorndtSupreme Court of Missouri · 1914
- Blevins v. SmithSupreme Court of Missouri · 1891
- Stuart v. RamseySupreme Court of Missouri · 1906
- Blair v. Guaranty Savings, Loan & Investment Co.Court of Appeals of Texas · 1909
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