State ex rel. Marrs v. Wessell
Supreme Court of Missouri
Appeal from Newton Cironit Court.— lion. Argus Cox, Judge. (1) A motion in a suit at law cannot be made to take the place of and be substituted for a bill in equity. Pbillipps v. Evans, 64 Mo. 23; Davis v. Robinson, 126 Mo. App. 293';.Hull v. Sberwood, 59 Mo. 172; Holden v. Vaughan, 64 Mo. 588; Johnson v. Sherrod, 141 Mo.
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Appeal from Newton Cironit Court.— lion. Argus Cox, Judge. (1) A motion in a suit at law cannot be made to take the place of and be substituted for a bill in equity. Pbillipps v. Evans, 64 Mo. 23; Davis v. Robinson, 126 Mo. App. 293';.Hull v. Sberwood, 59 Mo. 172; Holden v. Vaughan, 64 Mo. 588; Johnson v. Sherrod, 141 Mo. App. 367; State ex rel. v. Riley, 219 Mo. 667; Steel Co. v. Railroad, 165 Fed. 467 ; 2 Freeman on Executions, sec. 310; Rorer on Judicial Sales, sec. 965; Annison v. Williams, 54 Am. St. 51; Crawford v. Fuller, 35 Mich. 53; Spaulding v. O’Conner, 119 Mich. 45; Jewett v.…
1Opinion of the Court
BROWN, C.
This is an appeal from the judgment of the Newton Circuit Court setting aside on motion of the defendant Pierce, the owner of the land in question, its judgment in the principal suit enforcing the lien of the State for taxes of 1902 and 1903 against forty acres of land in that county, being the northeast quarter of the northeast quarter of section 11, township 26 of range 29, recalling a special execution issued thereon, and setting aside a sale made under said, execution and the sheriff’s deed made pursuant thereto.
The execution was issued by the clerk October 31, 1905; the sale was…
2Cases cited3 opinions
- Nelson v. BrownSupreme Court of Missouri · 1856
- Keyte v. PlemmonsSupreme Court of Missouri · 1859
- McDonald v. TiemannSupreme Court of Missouri · 1853
3Cited by12 opinions
- Simms v. ThompsonSupreme Court of Missouri · 1922
- Jones v. PetersonSupreme Court of Missouri · 1934
- City of St. Louis v. PeckMissouri Court of Appeals · 1959
- State Ex Rel. Ford v. HoganSupreme Court of Missouri · 1930
- Stanton v. Estate of JohnsonMissouri Court of Appeals · 1914
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