Gilkeson v. Knight
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. E. P. "Wright, Judge. The affidavit to the petition was as follows : “ Plaintiff makes oath and says the above petition and the matters therein as stated, he believes to be true.
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Appeal from Johnson Circuit Court. — Hon. E. P. "Wright, Judge. The affidavit to the petition was as follows : “ Plaintiff makes oath and says the above petition and the matters therein as stated, he believes to be true. A. R. Conklin.” 1. The sheriff’s deed conveyed no title, because the attachment proceedings were null and void ; and this, (a) because the petition showed upon its face that it was not verified by plaintiff, nor by his agent or attorney, as required by the practice act then in force. R. S. 1855, p. 1234, § 20; p. 240, § 5 ; Story on Agency, (7 Ed.) § 147 ; Stackpole v.…
1Opinion of the CourtNorton, J.
This is a suit in ejectment to recover the possession of certain lands in Johnson county. The answer is a general denial. On the trial plaintiff obtained judgment, and defendant brings the case before us by a writ of error. Both parties claim through J. W. Brockman, as the common source of'title.
Plaintiff, in support of his claim, offers in evidence a deed from the sheriff of Johnson county, executed on the 23rd day of April, 1867, conveying the title of said Brock-man to plaintiff in the land in controversy. The deed recites that the sale was made in virtue of certain special executions…
2Cases cited2 opinions
- Brown v. WoodySupreme Court of Missouri · 1877
- Eldridge v. Steamboat William CampbellSupreme Court of Missouri · 1859
3Cited by12 opinions
- De Mill v. MoffatMichigan Supreme Court · 1882
- Ruth v. McPhersonMissouri Court of Appeals · 1910
- Claflin v. HooverMissouri Court of Appeals · 1886
- Godman v. GordonMissouri Court of Appeals · 1895
- Johnson v. GilkesonSupreme Court of Missouri · 1883
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