66 Mo. 662 | Mo. | 1877
— This is a suit in ejectment, instituted in the Nodaway circuit' court, for the recovery of lot 2, section 30, township 65, range 37, containing 37TW acres, in said county. Defendants in their answer admit that they were in possession of the land, but deny that such possession was wrongful. They allege that on the 29th day of April, 1861, one Robert R. Russell owned the land in question, and that on that day judgments were rendered against him in the circuit court of Nodaway county, upon which, executions were issued to the sheriff, who levied the same on said land ; that said land was offered by him for sale at the November term, 1863, of said court, and was sold to one Jones for the price of |10.25 per acre; that the sheriff in executing a deed to said Jones, defectively described the land so as to convey only one-fourth instead of the whole tract; that the plaintiff was present at said sale, and bid for said land; that the sheriff', who made the sale, executed in 1875, after his term of office expired, a second deed to Jones, correcting the mistake in the former deed, and conveying the whole of lot 2; that in 1865, Henry Jones conveyed the land to defendant, Elizabeth Johnson, by the same description as that contained in the deed first made by the sheriff. It was further alleged that the plaintiff, with full knowledge of defendant’s right to the land, through the sheriff’s sale to Jones purchased the same at sheriff’s sale made in 1866, under an execution which issued on a judgment rendered against said Russell subsequently to those under which Jones bought. The new matter set up in the answer was denied by replication. The cause was tried by the court, and judgment rendered for plaintiff, for all the lands in dispute, except the n J of w | of lot 2, from which defendant has appealed. No in
A sheriff^ who actually levies on a piece of land and sells the same, as levied upon, and by mistake misdescribes the land in his deed, may, under the supervision of the court from which the process issued, make a new deed, which will, as to parties and privies and all purchasers having notice, relate back to the time of the sale and pass the title from that date. Ware v. Johnson et al., 55 Mo. 500. The object of such amendments is to make the deed conform to the real facts of the case, and there should always be something to amend by.- Hovey v. Wait, 17 Pick. 196. In this case the sheriff who made the sale testifies that he
the judgment will be affirmed.
Aeeirmed