Mansur v. Hill
Missouri Court of Appeals
Appeal from Carroll Circuit Court, Hon. L. K, Kinsey, Special Judge. The case'is stated iu the opinion. I. The evidence shows that, at the time of the levy, the interpleader told'the sheriff that the property levied on was his own and not the property of defendant in attachment. In such case the sheriff had no right to exact of interpleader a forthcoming bond under section 421, Revised Statutes.
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Appeal from Carroll Circuit Court, Hon. L. K, Kinsey, Special Judge. The case'is stated iu the opinion. I. The evidence shows that, at the time of the levy, the interpleader told'the sheriff that the property levied on was his own and not the property of defendant in attachment. In such case the sheriff had no right to exact of interpleader a forthcoming bond under section 421, Revised Statutes. Neither the illegal act of the sheriff nor the ignorance of the interpleader of his rights should estop him from claiming the property. Sanders v. Ohlhausen, 51 Mo. 164; Burgert v. Borchert, 59 Mo.…
1Opinion of the CourtEllison, J.
It appears from the testimony in the cause that interpleader was in possession of the property *375now claimed by Mm, at the time of the levy of the attachment, and that, upon its seizure, he notified the sheriff of his ownership. The sheriff, persisting in his levy, interpleader executed a forthcoming bond with the statutory conditions. It further appears from the testimony that interpleader had theretofore contracted the corn to one Standley, who had paid him ten dollars thereon. That the corn was to be gathered and delivered to Standley on his farm in pens and to stand twenty days before being…
2Cases cited5 opinions
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Lacey v. GiboneySupreme Court of Missouri · 1865
- Pace v. PierceSupreme Court of Missouri · 1872
- Donohoe v. McAleerSupreme Court of Missouri · 1866
- Bradley Hubbard Manufacturing Co. v. BeanMissouri Court of Appeals · 1886
3Cited by6 opinions
- Mohr v. LanganSupreme Court of Missouri · 1901
- Woods-Egan Live-Stock Commission Co. v. HicksSupreme Court of Kansas · 1914
- Kirschenschlager v. Armitage Herschel Co.Missouri Court of Appeals · 1894
- F. O. Sawyer Paper Co. v. ManganMissouri Court of Appeals · 1894
- Huels v. BoettgerMissouri Court of Appeals · 1890
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