Carr v. Lewis Coal Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Barclay, J. In the absence of actual notice of the pendency of the suit the lis pendens did not affect the appellant with notice. — Murray v. Ballou, 1 Johns.
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Appeal from the St. Louis Circuit Court, Barclay, J. In the absence of actual notice of the pendency of the suit the lis pendens did not affect the appellant with notice. — Murray v. Ballou, 1 Johns. Ch. 566 ; Murray v. Lylburn, 2 Johns. 441; Warner v. Marcy, 97 U. S. 106. The doctrine of lis pendens does not apply to personalty. — Mc-Laurine v. Monroe, 30 Mo. 464; Barda v. Smith, 7 Wall. 646 ; Aldrich v. Insurance Co., 8 Wall. 491. There could be no judgment in personam against the appellant. The doctrine of Us pendens applies to every description of property, whether real or personal,…
1Opinion of the CourtBakewell, J.
This is a proceeding by a judgment creditor, in the nature of a supplemental bill to reach and subject to the satisfaction of the judgment a steam tug-boat sold pendente Ule.
The cause was submitted upon the pleadings and an agreed statement of facts.
*553It appears that, in 1877, plaintiff obtained judgment in the St. Louis circuit court against one Thomas Parker, Sr., for $2,655, upon a note. The execution was levied upon the tug in controversy here, called the Alice Parker, as the property of Thomas Parker, Sr. Thomas Parker, Jr., interposed a claim to the boat, and plaintiff not being able to…
2Cases cited8 opinions
- Murray v. BallouNew York Court of Chancery · 1815
- Murray v. LylburnNew York Court of Chancery · 1817
- County of Warren v. MarcySupreme Court of the United States · 1878
- Winston v. WestfeldtSupreme Court of Alabama · 1853
- Caldwell v. Carrington's HeirsSupreme Court of the United States · 1835
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3Cited by5 opinions
- Houston v. TimmermanOregon Supreme Court · 1889
- Carr v. Lewis Coal Co.Supreme Court of Missouri · 1888
- George v. SurkampSupreme Court of Missouri · 1934
- Burnham, Munger & Co. v. SmithMissouri Court of Appeals · 1899
- North Carolina Land & Lumber Co. v. BoyerCourt of Appeals for the Sixth Circuit · 1911