Durrett v. Hulse

Decided October 15, 1877

Supreme Court of Missouri · decided 1877-10-15

— Hon. John T. Redd, Judge. The judgment was in existence at the passage of the stay law of 1861, (Laws 1860-61, p. 28, Sec; 1). This law, so far as the existing judgment was concerned, was unconstitutional. Gentry v. Baily, 1 Mo. 164; Brown v. Ward, 1 Mo. 209 ; Bumgardner v. Circuit Court, 4 Mo. 50; Stevens v. Andrews, 31 Mo. 205; Bruns v. Craioford, 34 Mo. 330 ; Donnell v. Stephens, 35 Mo. 441; Lapsley v. Brashears, 4 Litt. (Ky.) 47 ; Grayson v. Lilly, 7 Monr.

Cited by 3 later decisions — most recently December 1928

3 state decisions

Relies on Bank of Missouri v. Wells & Bates · Wood v. Messerly

Good law ✅— No negative treatment on recordhow we know

Decided 1877-10-15

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Sherwood, O. J.

¶1Ejectment. The judgment under which plaintiff claims, was rendered August 26, 1859, exeecution issued April 20th, 1862, returnable March, 1863, and levied July 2,1862, sale occurred March 25, 1863, and deed executed April 1, of that year. The defendant claims under a deed of trust, executed February 23, 1861, and sale thereunder June 11th, 1863. The court below held that plaintiff had acquired the title, and so do we. (Bank v. Wells, 12 Mo. 361; Wood v. Messerly, 46 Mo. 255.) Judgment affirmed.

All concur.

¶2Affirmed.