26 Mo. 108 | Mo. | 1857
delivered the opinion of the court.
This case presents virtually the same question determined by the court when this case was here in 1852, a full report of which may be found in 17 Mo. 71. The case was remanded for a trial of the comparative value of the title under the sheriff’s deed to Block, recorded December 11, 1823, and that derived from the deed to Bryson which was recorded August 3,1824. This court then held, if Block purchased at the sheriff’s sale with notice of Bryson’s title, -he was not within the protection of the act of 1817 ; but as his deed from the sheriff was recorded on the day succeeding its execution, and of course was recorded in time under the act of 1817, his title was the better title, if the purchaser was without actual notice of Bryson’s deed. The case was tried upon this point and the jury found there was no notice.
It is now contended, and was urged by instructions offered in the court below, that, as Shaw had no title when he died but had passed it to Allen, there was no title in his heirs or administrator upon which the judgment obtained against his administrator could operate, and consequently that the sale passed nothing to the purchaser. But to say nothing of the fact that Shaw had not executed any conveyance in his lifetime, and consequently that the legal title descended to his heirs subject to the payment' of his debts, a judgment and execution operate to convey the same interest which the judgment debtor could himself convey by deed. A purchaser
Richardson, Judge, having heen of counsel, did not sit at the hearing of this cause.