Wood v. Ogden
Missouri Court of Appeals
Appeal from Moniteau Circuit Court. — Hon. James E. Hasell, Judge. (1) The appeal without giving a supersedeas bond did not prevent plaintiff from having an execution to enforce her judgment. R. S. 1899, sec. 809; Burgess 164 Mo. 357; McCollum v. Ulen, 92 Mo. App. 884. (2) The title acquired by appellant-by virtue of the sale made by the sheriff of Moniteau county is good and valid, no stay of execution having been ordered and no supersedeas granted.
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Appeal from Moniteau Circuit Court. — Hon. James E. Hasell, Judge. (1) The appeal without giving a supersedeas bond did not prevent plaintiff from having an execution to enforce her judgment. R. S. 1899, sec. 809; Burgess 164 Mo. 357; McCollum v. Ulen, 92 Mo. App. 884. (2) The title acquired by appellant-by virtue of the sale made by the sheriff of Moniteau county is good and valid, no stay of execution having been ordered and no supersedeas granted. Shields v. Powers, 29 Mo. 315; Castleman v. Belfe, 50 Mo. 588. The title acquired by a stranger by virtue of a sale made by a sheriff, may be…
1Opinion of the Court
ELLISON J.
This proceeding is founded on a motion to set aside a sale of land on execution. The court sustained the motion and plaintiff appealed to this court. We certified the cause to the Supreme Court on the ground that the title to real estate was directly involved, but that court held otherwise and remanded the cause.
Plaintiff recovered a personal judgment in the circuit court of Moniteau county against the defendants, Viola Ogden and J. W. Ogden, and the judgment was decreed to be a special lien on a farm of forty acres situated in said county and belonging to defendants. An appeal was…
2Cases cited4 opinions
- Castleman v. RelfeSupreme Court of Missouri · 1872
- Ables v. WebbSupreme Court of Missouri · 1905
- Whitman v. TaylorSupreme Court of Missouri · 1875
- Wood v. OgdenMissouri Court of Appeals · 1906
3Cited by3 opinions
- Carr v. CarrSupreme Court of Missouri · 1952
- Sidwell v. KasterSupreme Court of Missouri · 1921
- Keith v. KeithMissouri Court of Appeals · 1980