71 Mo. 605 | Mo. | 1880
Plaintiff sued in ejectment for the following tracts of land : Southeast quarter of southeast quarter of section 4, township 59, range 30; west half of northeast quarter of section 9, township 59, range 30; and east half of northwest quarter of southeast quarter of southeast quarter of section 9, township 59, range 30. Fountain .Hargis and .the executors of William Hargis, defendant’s grantors, were formal parties. The several answers denied the allegations of the petition and pleaded title in defendant Long and the statute of limitations! The entire southeast quarter of section 4 was patented to plaintiff in 1858. The west half of the northeast quarter of section 9 was patented to Alexander Fudge in 1848. The southeast quarter of the southeast quarter of section 9 was conveyed by- the administrator of one Mathers, in 1851, to one Price, who conveyed it to plaintiff in 1854. At the March term,1862, of the DeKalb circuit court, Alexander Fudge obtained a judgment against Estes, the plaintiff, for $990.35. On the 10th day of June, 1862, a general execution was issued by the clerk of said court on said judgment, returnable on the
There is, therefore, nothing left to be considered on this branch of the case but the validity of the levy of the execution after the day therein named for its return. By an act approved March 7th, 1861, in force when this execution was issued, it was provided that “ all executions