Decker v. Armstrong
Supreme Court of Missouri
Appeal from Franklin Circuit Court. — Hon. A. J. ■Seay, Judge. That a sheriff’s return is, under many circumstances, and for many purposes conclusive, we admit, but the logic of the position taken by respondent and the trial court seems to be that such a return is of so cast-iron a nature that in this case, not only is the execution satisfied by the sale of property of execution creditor, but he is also made liable in damages to the execution .debtor for the sale of property…
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Appeal from Franklin Circuit Court. — Hon. A. J. ■Seay, Judge. That a sheriff’s return is, under many circumstances, and for many purposes conclusive, we admit, but the logic of the position taken by respondent and the trial court seems to be that such a return is of so cast-iron a nature that in this case, not only is the execution satisfied by the sale of property of execution creditor, but he is also made liable in damages to the execution .debtor for the sale of property in which such debtor had .no interest. Thus by the sale of his own property, the execution creditor loses the benefit…
1Opinion of the Court
Henky, C. .T.
The plaintiff, in her petition, alleges that she was the head of a family and owner of three hundred bushels of wheat and no other property, and that defendant, Armstrong, as sheriff of Franklin county, on an execution in favor of his co-defendant, Robinson, issued on a judgment in favor -of Robinson against, her, levied upon said'wheat, which was exempt from execu*319tion, and sold it to satisfy said execution, knowing that •she was the head of a family, and that she owned no •other-property.
The defendants answered, denying plaintiff ’ s ownership of the wheat, and averring that,…
2Cases cited4 opinions
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Jeffries v. WrightSupreme Court of Missouri · 1873
- Phillips v. EvansSupreme Court of Missouri · 1876
- Stewart v. StringerSupreme Court of Missouri · 1867
3Cited by13 opinions
- Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1904
- Smoot v. JuddSupreme Court of Missouri · 1904
- Smoot v. JuddSupreme Court of Missouri · 1901
- Kerr v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1905
- Campbell v. PopeSupreme Court of Missouri · 1888
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