[DOWNLOAD] "Josiah Siddons Griffith, James S. Chew, And Mary E. Chew, His Wife, Plaintiffs in Error v. John B. Bogert" by United States Supreme Court # Book PDF Kindle ePub Free

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eBook details

• Title: Josiah Siddons Griffith, James S. Chew, And Mary E. Chew, His Wife, Plaintiffs in Error v. John B. Bogert
• Author : United States Supreme Court
• Release Date : January 01, 1855
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

The plaintiffs claim the land which is the subject of controversy in this suit, as heirs of Isaac W. Griffith, who died seised of the same in 1819. His estate was insolvent. Judgments were obtained against his administrators in 1820, executions were issued thereon, and the property sold by the sheriff. The defendants claim under the purchaser at this sale. On the trial, the court below instructed the jury 'that the sheriff's deed, read in evidence under the judgments and executions also in evidence, was effectual to devest the title of the heirs of Isaac H. Griffith to the land mentioned in said deed.' It is admitted, that in the State of Missouri the lands of a deceased debtor may be taken in execution, and sold by the sheriff, in satisfaction of a judgment against the administrator. And also that such deed vests in the purchaser all the estate and interest which the deceased had in the property at the time of his death. But it is alleged that this sale is 'without authority of law and void,' because the execution was issued and sale made before the time limited for stay of execution against the real estate of a decedent. The law and the facts, on which this objection to the validity of the sale is founded, are as follows:

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