Morgan v. Bouse
Supreme Court of Missouri
Error to Henry Court of Common Pleas. I. Defendant in the execution had no equity which was vendible by execution sale. (Eog'ers vs. Carey, and authorities there cited, 47 Mo., 232.) II. “ A sheriff’s deed operates only on the existing title, and does not pass a subsequently acquired title.”
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Error to Henry Court of Common Pleas. I. Defendant in the execution had no equity which was vendible by execution sale. (Eog'ers vs. Carey, and authorities there cited, 47 Mo., 232.) II. “ A sheriff’s deed operates only on the existing title, and does not pass a subsequently acquired title.” (White vs. Davis, 50 Mo., 333.) I. The statute is imperative that “ the demurrer shall distinctly specify the grounds of objection;” and unless it does bo, the demurrer “should” be disregarded. (See McClurg vs. Phillips, 49 Mo. 315 ; Alnutt vs; Leper, 48 Mo., 319.) II. The petition alleges that .plaintiff…
1Opinion of the CourtSherwood, Judge
Morgan filed his petition in the nature of a bill in chancery-in the Henry County Court of Common Pleas against Bouse, alleging in substance that the latter had in the year 1860, purchased certain land of one Jones and of Eli, had paid the purchase money and taken possession of the land so purchased, but that by mistake, Jones and Eli failed to convey the land actually purchased, and taken possession of, but conveyed other and different land, which neither Jones nor Eli intended to sell nor Bouse intended to buy; that in 1863, judgment was rendered in the Henry Circuit Court in favor of…
2Cases cited4 opinions
- McIlvaine v. SmithSupreme Court of Missouri · 1867
- Rogers v. CareySupreme Court of Missouri · 1871
- Bank of Missouri v. HadenSupreme Court of Missouri · 1865
- Broadwell & Dyer v. YantisSupreme Court of Missouri · 1847
3Cited by14 opinions
- Sofka v. ThalSupreme Court of Missouri · 1983
- Block v. MorrisonSupreme Court of Missouri · 1892
- Melton v. SmithSupreme Court of Missouri · 1877
- Street v. GossSupreme Court of Missouri · 1876
- Wilson v. Polk CountySupreme Court of Missouri · 1892
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