Holland v. Adair
Supreme Court of Missouri
Appeal from Hickory Circuit Court. I, The effect of a sale under an irregular judgment, whether made to a party plaintiff or some third person, is the same, and the validity of such judgment cannot be attacked in a collateral proceeding.
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Appeal from Hickory Circuit Court. I, The effect of a sale under an irregular judgment, whether made to a party plaintiff or some third person, is the same, and the validity of such judgment cannot be attacked in a collateral proceeding. (See Groner vs. Smith, 49 Mo., 318.) I. The law 3s well settled, that where both parties claim under the same third person it is prima facie sufficient to prove the derivation of title from him without proving his,title; defendants do not claim title paramount to Henry W. Holland, but claim his and only his title. (2Greenl. Ev., 3, 307; High-tower vs.…
1Opinion of the CourtVobibs, Judge
This was an action of ejectment, brought in the Hickory Circuit Court on the 5th day of February, 1870, by respondent against the appellants, to recover certain lands in the petition described. The petition was in the usual form. The defendants in their answer simply denied the allegations of the petition. The cause was tried by the court, a jury having been waived by the parties. It was admitted on the hearing that the defendants were in possession of the lands sued for. At the trial the plaintiff read in evidence a deed dated the 17th of April, 1866, from Henry W. Holland, to himself, for…
2Cases cited6 opinions
- Hardin v. LeeSupreme Court of Missouri · 1873
- Freeman v. ThompsonSupreme Court of Missouri · 1873
- Gott v. PowellSupreme Court of Missouri · 1867
- Janney v. SpeddenSupreme Court of Missouri · 1866
- Brown v. BrownSupreme Court of Missouri · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Pettis v. JohnstonSupreme Court of Oklahoma · 1920
- Bray v. MarshallSupreme Court of Missouri · 1882
- Charles v. PatchSupreme Court of Missouri · 1885
- Williams v. SandsSupreme Court of Missouri · 1913
- Simmons v. Missouri Pacific RailroadMissouri Court of Appeals · 1885
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