Lincoln v. Thompson
Supreme Court of Missouri
Appeal from, Clay Circuit Court. — Hon. George W. Dunn, Judge. The deed made and' signed by Gittings as sheriff', but acknowledged by Long, is a nullity. The certificate of acknowledgment characterizes Long as sheriff, and it is so stated in the body of the deed. Long made the levy as sheriff', and under the law then could have made the sale and deed as ex-sheriff and properly acknowledged it.
Read the full summary
Appeal from, Clay Circuit Court. — Hon. George W. Dunn, Judge. The deed made and' signed by Gittings as sheriff', but acknowledged by Long, is a nullity. The certificate of acknowledgment characterizes Long as sheriff, and it is so stated in the body of the deed. Long made the levy as sheriff', and under the law then could have made the sale and deed as ex-sheriff and properly acknowledged it. It is evident that he acknowledged the deed under the belief that it was bis duty to do so. Will- a court by construction set aside and annul the plain averments of an acknowledgment ? It may supply…
1Opinion of the Court
Gantt,* Special Judse.
The original petition in this cause does not appear in the transcript, but it is admitted that the suit was commenced to the March term, 1874, of the Clay circuit court, and on the 20th day of December, 1877, an amended petition was filed, on which, with the answers thereto and the reply, the cause was tried at the February term, 1878. By the amended petition it was charged that Jamos T. Y. Thompson was in 1864 seized of the land in controversy. It contained about 200 acres and may be called he Thompson Home Place. Under a judgment obtained 2nd of May, 1862, which was…
2Cases cited6 opinions
- Middleton v. FindlaCalifornia Supreme Court · 1864
- McClure v. McClurgSupreme Court of Missouri · 1873
- Adams v. BuchananSupreme Court of Missouri · 1871
- Samuels v. SheltonSupreme Court of Missouri · 1871
- Strain v. MurphySupreme Court of Missouri · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Mathews v. O'DonnellSupreme Court of Missouri · 1921
- Agan v. ShannonSupreme Court of Missouri · 1890
- Hombs v. CorbinMissouri Court of Appeals · 1889
- Jones v. NicholsSupreme Court of Missouri · 1919
- United States Fidelity & Guaranty Co. v. ParkerWyoming Supreme Court · 1912
7 more not listed; retrieve them via the Exa API.