Langford v. Few
Decision Date | 15 November 1898 |
Citation | 47 S.W. 927,146 Mo. 142 |
Parties | LANGFORD v. FEW. |
Court | Missouri Supreme Court |
Action by James K. Langford against William L. Few. From a judgment for defendant, plaintiff appeals. Affirmed.
Action in ejectment to recover the S. ½ of the N. W. ¼ of section 8, township 24, range 1 E., in Ripley county. The answer is a general denial and plea of homestead rights. The reply is a general denial. Plaintiff's evidence is: (1) A deed from the sheriff of Ripley county, dated October 18, 1893, recorded March 2, 1894, reciting that on November 7, 1892, William P. Morrison recovered a judgment against defendant before a justice of the peace in said county; that a transcript of the judgment was filed in the circuit clerk's office of the 13th of December, 1892, and upon which an execution was issued on March 18, 1893, directed to the sheriff of Ripley county, and under which he levied on the land in controversy, and sold to plaintiff for $25. (2) A transcript of the judgment of the justice of the peace in favor of Morrison and against Few. Attached to and forming a part of the transcript is a recital that an execution was issued on the 13th of December, 1892, and a further statement, signed by the justice of the peace, as follows: "March 13th, 1893, execution returned not satisfied, with a schedule of defendant's property, to the amount of two hundred and twenty-three 87/100 dollars." It was agreed that the monthly rents and profits is four dollars per month. The defendant's evidence is: (1) A deed from Mrs. M. J. Morrison and seven others, without date, but acknowledged October 2, 1886, and recorded June 24, 1889, conveying an undivided ten-elevenths interest in the N. ½ of the N. W. ¼, and all of the S. ½ of the N. W. ¼ that lies north of Big Barren creek, in section 28, township 25 N., range 1 E., to defendant, in consideration of $395 in trade, and $150.45. (2) The testimony of defendant that he took possession of the land in January, 1888, but did not have the deed recorded until he came to Ripley county; that he stayed on the place two years, made one crop, then moved off, returned in the fall, and the next spring sold it to J. W. Shipp on the 9th of April, 1890; that W. P. Morrison exhibited the sheriff's deed to him, but he did not examine it; that he sold the place for some stock, traded the stock, and with the proceeds, and money he borrowed from the county, he paid for the land. In rebuttal, plaintiff introduced the deed from Few to Shipp. The deed is not set out in the record, but it is there stated to be a warranty deed, recorded; but where or when is not shown. Plaintiff then offered the complete transcript of the justice of the peace in the case of Morrison against Few, including the execution and return of the constable. The return is the material part, and is as follows: — with the following added: (signatures and seals and oaths attached); to which is also underwritten the following: (Here follows an itemized list of personal property, with the values set opposite each item, and aggregating $239.40; but there is no signature or jurat of any one attached to it.) Defendant objected, and the court excluded the transcript. Plaintiff then offered again the transcript on file in the circuit clerk's office, and also the note upon which the judgment of the justice of the peace was based. The plaintiff asked and the court refused to give, the following instructions: The court, of its own motion, gave the following instructions: There was judgment for defendant, and plaintiff appealed.
J. L. Fort and C. L. Keaton, for appellant. J. C. Sheppard and W. W. Perkins, for respondent.
MARSHALL, J. (after stating the facts).
1. It thus appears very vaguely that defendant owned an undivided ten-elevenths of the N. ½ of the N. W. ¼, and all of the S. ½ of the N. W. ¼ that lies north of Big Barren creek, in section 28, township 25 N., range 1 E., and that about 1890 he sold something — the record does not clearly show what, but presumably that property — to J. W. Shipp. No explanation is vouchsafed by this record as to what defendant did with the proceeds, but from the instructions it seems to be assumed that he purchased the land in suit with them. It is not shown where or how defendant acquired title to the land here involved. Both parties, however, concede that they claim title through defendant. The defendant, in his answer, claims it as a homestead, but the facts disclosed by the record are so meager that it is impossible for this...
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Rosenzweig v. Ferguson
...and void. Rogers v. Wilson, 220 Mo. 213; Huhn v. Lang, 122 Mo. 600; Marks v. Hardy, 86 Mo. 232; Reed v. Lowe, 163 Mo. 519; Langford v. Few, 146 Mo. 142; Dillon v. Rash, 27 Mo. 243. (10) The execution was issued to enforce a lien created by the decree. But the lien so to be enforced, was at ......
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Rosenzweig v. Ferguson
... ... levy upon the lot May 7, being thereby premature, violative ... of the decree itself, and making his levy upon the lot ... inoperative and void. Rogers v. Wilson, 220 Mo. 213; ... Huhn v. Lang, 122 Mo. 600; Marks v. Hardy, ... 86 Mo. 232; Reed v. Lowe, 163 Mo. 519; Langford ... v. Few, 146 Mo. 142; Dillon v. Rash, 27 Mo ... 243. (10) The execution was issued to enforce a lien created ... by the decree. But the lien so to be enforced, was at the ... time of execution no longer in force, being in fact dead at ... that time, its life having expired by law a year ... ...
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Reed v. Lowe
..."May 12, 1873. Execution returned not served for want of property." 2 Wag. Stat 1872, p. 839, sec. 14; Coonce v. Mundy, 3 Mo. 374; Langford v. Few, 146 Mo. 142. appellant's case is not aided by the recitals in the sheriff's deed. Sachse v. Clingensmith, 97 Mo. 412. A sheriff's deed without ......
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Littlefield v. Ramsey
...had no goods or chattels whereof to levy the same." The judgment of the circuit court is therefore right and should be affirmed. Langford v. Few, 146 Mo. 142; v. Lowe, 163 Mo. 519; R. S. 1899, sec. 4034. (2) The execution issued by the circuit clerk, under which plaintiff claims to have pur......