Owen v. Baker
Supreme Court of Missouri
Error to Bates Circuit Court. — How. D. A. DeArmond, Judge. This is an action of ejectment for a tract of land in Bates county. The petition is in usual form; tbe answer, a general denial. It was mutually conceded that defendant was in possession at the beginning of this action, and James Sullivan the common source of title. After evidence of the rental value of the land plaintiff offered a sheriff’s deed which the court excluded.
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Error to Bates Circuit Court. — How. D. A. DeArmond, Judge. This is an action of ejectment for a tract of land in Bates county. The petition is in usual form; tbe answer, a general denial. It was mutually conceded that defendant was in possession at the beginning of this action, and James Sullivan the common source of title. After evidence of the rental value of the land plaintiff offered a sheriff’s deed which the court excluded. This led to plaintiff’s taking a nonsuit with leave. Thereupon plaintiff sued out this writ, of error after the proper motions for review had been disposed of and…
1Opinion of the CourtBarclay, J.
The admissibility in evidence of the sheriff’s deed, set forth in the statement accompanying this opinion, is denied on several grounds, which will be considered in their order.
I. It is claimed that it recites a judgment against three defendants and a direction to levy against one only.
As the levy was actually made on the land of James Sullivan, the one defendant named, and his land sold accordingly, the error or irregularity, if any there is, in the recital in this particular, is not such as to vitiate the sale in a collateral proceeding. Blake v. Blanchard, 48 Me. 297; Morse v. Dewey, 3 N.…
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