McGuire v. Wilkinson
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. — Hon. D. L. Hawkins, Judge. 1. Even if the surplus of $939.85 realized over and above the bid could be considered as realized from the sale under the mortgages, this amount is already appropriated to the payment of the real and bona fide debts of Joel Wilkinson, and in no sense can it be claimed that Nathan is indebted to him. 2. The purchaser at the mortgagee’s sale did not agree at all to pay the $939.85 to Joel Wilkinson, but…
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Appeal from Cape Girardeau Circuit Court. — Hon. D. L. Hawkins, Judge. 1. Even if the surplus of $939.85 realized over and above the bid could be considered as realized from the sale under the mortgages, this amount is already appropriated to the payment of the real and bona fide debts of Joel Wilkinson, and in no sense can it be claimed that Nathan is indebted to him. 2. The purchaser at the mortgagee’s sale did not agree at all to pay the $939.85 to Joel Wilkinson, but agreed to pay the sum to Nathan for the benefit of Nathan. It may be that Joel, under the peculiar circumstances of the…
1Opinion of the CourtNapton, J.
The assignee of the plaintiff, McGuire, obtained a judgment against Joel Wilkinson for $424.28, in May, 1874. At that date there were four mortgages upon Joel Wilkinson’s land in Cape Girardeau county, which, with taxes and other expenses, amounted altogether to $3,470.30. The land was sold under these mortgages for $3,939.85, which left a balance of $469.55, subject to McGuire’s judgment, and the object of this garnishment was to compel Nathan Wilkinson to pay over this surplus to the judgment creditor. The defense is, that the land sold for only $3,000; that the additional $939.85, which…
2Cases cited2 opinions
- Casebolt v. DonaldsonSupreme Court of Missouri · 1878
- State v. BurnsSupreme Court of Missouri · 1873
3Cited by1 opinion
- Stark v. LoveMissouri Court of Appeals · 1907