McClurg v. Dollarhide
| Court | United States State Supreme Court of Missouri |
| Writing for the Court | ADAMS |
| Citation | 51 Mo. 347 |
| Decision Date | 31 January 1873 |
| Parties | Jos. W. MCCLURG, Defendant in Error v. WM. DOLLARHIDE, Plaintiff in Error. |
51 Mo. 347
Jos. W. MCCLURG, Defendant in Error
v.
WM. DOLLARHIDE, Plaintiff in Error.
Supreme Court of Missouri.
January Term, 1873.
Error to Hickory Circuit Court.
F. P. Wright, for Plaintiff in Error.
I. The law is well settled that where, by a regular judgment and execution, the sheriff is invested with the power to sell, any irregularity in selling on a day different from that directed by law for selling, and even without the proper notice, does not affect the title of a bona fide purchaser. It is sufficient for the purchaser that the sheriff had authority to sell, and did sell, and executed a deed; all other questions are between the parties to the judgment and the officer. (Draper vs. Bryson, 17 Mo., 86; Lawrence vs. Speed, 2 Bibb., 401; Webber & Stith vs. Cox, 6 Monroe, 110; Hobein vs. Murphy, 20 Mo., 448; Newton vs. State Bank, 14 Ark., 115; Brooks vs. Rooney, 11 Georg., 423; Sullivan vs. Hearnden, Ib., 294.)
II. It is a principle of universal law, that every court of record has power to carry into effect its own judgments. It
[51 Mo. 348]
directs the execution to issue, and has the sole control over the same. Sessions of the County Court are held every three months, while those of the Circuit Court were then held only once in six months; and it might be difficult to procure a valid sale at the session of the Circuit Court. Hence for obvious reasons, it is important that the sale should take place at the court which has control of judgment, execution and sale, and unless the law clearly and expressly directs and requires the sale to be made at a session of the Circuit Court, and clearly prohibits such sale at the Couuty Court, a sale at the latter place is proper.
III. The reasoning of Judge Ewing, in the case of Blanchard vs. Baker, 29 Mo., 446, in which the regularity of a sale made by the Marshal at the Western Court of Common Pleas, was considered and decided, applies with all its force to this case, and is decisive in favor of the sale at the County Court.
The correctness of that decision has never been doubted.
The case of Mers. vs. Bell, is not in conflict with but rather sustains the above decision.
Young, McAfee & Phelps, for Defendant in Error.
I. The deed offered in evidence,...
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Davidson v. I. M. Davidson Real Estate & Investment Co.
...nor the county court were in session on the date of the partition sale -- the sheriff's deeds are, therefore, void. McClurg v. Dollarhide, 51 Mo. 347; Wilcoxon v. Osborn, 77 Mo. 632; Roberts v. Nelson, 86 Mo. 26; R. S. 1899, secs. 3197, 4407, 4428 and 4429. (10) The general rule is that par......
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...operation of law, as against all hostile claimants who are out of possession, whatsoever interests or titles they may claim. Bank v. Evans, 51 Mo. 347; Berry v. Otto, 56 Mo. 179; Davis v. Thompson, Ib. 39; Dalton v. Bank, 54 Mo. 106, citing 33 Mo. 172; Crockett v. Morrison, 11 Mo. 6; Biddle......
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Murphy v. Butler County, 38916
...school fund mortgage was void because it was made in vacation of the circuit court. Wilcoxon v. Osborn, 77 Mo. 621; McClurg v. Dollarhide, 51 Mo. 347. (2) The foreclosure sale under the school fund mortgage was void for want of legal publication of the notice of sheriff's sale. Chap. 119, S......
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Murphy v. Butler County, 38916.
...school fund mortgage was void because it was made in vacation of the circuit court. Wilcoxon v. Osborn, 77 Mo. 621; McClurg v. Dollarhide, 51 Mo. 347. (2) The foreclosure sale under the school fund mortgage was void for want of legal publication of the notice of sheriff's sale. Chap. 119, S......
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Gunby v. Brown
...not made during a term of the circuit court, it is for that reason conceded to be void, and so it has been ruled. McClurg v. Dollarhide, 51 Mo. 347. The execution on the other judgment was issued and sale made after the death of Rogers. Generally such sale is void. Wernecke v. Wood, 58 Mo. ......
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...and is, therefore, null and void, and may be attacked collaterally or otherwise. R. S., 1855, p. 746, sec. 45; McClurg v. Dollarhide, 51 Mo. 347; Bank v. Evans, 51 Mo. 335; Bruce v. Leary, 55 Mo. 431. (3) Said coroner's deed is void for the further reason that it was not acknowledged before......
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Mobley v. Nave
...circuit or the county court was in session at the time, the administrator's deed passed no title to the defendant. McClurg v. Dollarhide, 51 Mo. 347. This view of the case makes it unnecessary to consider the objections made to the record entry of the order of sale, the alleged nunc pro tun......