Orr v. Wilmarth
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. GK W. Dunn, Judge. (1) Tlie petition failed to state a cause of action in that it did not state that Wilmarth used the judgment in payment of his bid at the sale oí the land under the-execution. Hacker v. Brown, 81 Mo. 68. (2) The court erred in giving plaintiff’s instruction numbered one.
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Appeal from Clinton Circuit Court. — Hon. GK W. Dunn, Judge. (1) Tlie petition failed to state a cause of action in that it did not state that Wilmarth used the judgment in payment of his bid at the sale oí the land under the-execution. Hacker v. Brown, 81 Mo. 68. (2) The court erred in giving plaintiff’s instruction numbered one. There was no evidence on which to predicate it: There-was no evidence that “Wilmarth used the judgment in payment of his purchase” of the land at the execution-sale. The amount bid covered only the prior liens and costs, and was paid in cash by House and charged to…
1Opinion of the CourtBlack, J.
Joseph T. Zimmerman owed D. Gr. Wilmarth sixteen hundred dollars for borrowed money. *214He also owed the amount of two notes, one payable to House & Brown for two hundred and seventy-two dollars, and the other to Rogers for two hundred dollars. These three debts, which were secured by a lien on two parcels of land, were assigned to the plaintiff, William Orr, in July, 1871; and he prosecuted a suit thereon in his own name against the Hannibal and St. Joseph Railroad Company, the administrator of Zimmerman, and three other persons, which suit resulted in a finding that there was due to Orr,…
2Cases cited4 opinions
- Zoll v. CarnahanSupreme Court of Missouri · 1884
- Scroggs v. DaughertySupreme Court of Missouri · 1873
- Fike v. ClarkSupreme Court of Missouri · 1874
- Whittelsey v. RobertSupreme Court of Missouri · 1872
3Cited by12 opinions
- Bruner v. MartinSupreme Court of Kansas · 1907
- Sauter v. LeveridgeSupreme Court of Missouri · 1890
- Sidway v. Missouri Land & Live Stock Co.Supreme Court of Missouri · 1905
- Jamieson v. PottsOregon Supreme Court · 1909
- Lindauer Mercantile Co. v. BoydNew Mexico Supreme Court · 1902
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