Ware v. Johnson
Supreme Court of Missouri
■ Appeal from Nodaway Circuit Court. — Hon. Henry S. Kelly. Judge. 1. The sheriff was clothed with ample power to sell the land at the time of the sale at which Jones purchased; a valid execution had issued upon a regular judgment. ■Buchanan v. Tracy, 45 Mo. 437. 2. There is no such thing as a formal levy of an execution on real estate, as there is upon personal property; in the latter case it includes an actual seizure, while in the former our execution not being an extent,…
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■ Appeal from Nodaway Circuit Court. — Hon. Henry S. Kelly. Judge. 1. The sheriff was clothed with ample power to sell the land at the time of the sale at which Jones purchased; a valid execution had issued upon a regular judgment. ■Buchanan v. Tracy, 45 Mo. 437. 2. There is no such thing as a formal levy of an execution on real estate, as there is upon personal property; in the latter case it includes an actual seizure, while in the former our execution not being an extent, the levy begins With the sale. Wood v. Coloin, 5 Hill 230; Draper v. Bryson, 17 Mo. 71. 3. Where the sale is to a…
1Opinion of the CourtNorton, J.
— This is a suit in ejectment, instituted in the Nodaway circuit' court, for the recovery of lot 2, section 30, township 65, range 37, containing 37TW acres, in said county. Defendants in their answer admit that they were in possession of the land, but deny that such possession was wrongful. They allege that on the 29th day of April, 1861, one Robert R. Russell owned the land in question, and that on that day judgments were rendered against him in the circuit court of Nodaway county, upon which, executions were issued to the sheriff, who levied the same on said land ; that said land was…
2Cases cited2 opinions
- Ware v. JohnsonSupreme Court of Missouri · 1874
- Hartt v. Rector & DobbinSupreme Court of Missouri · 1850
3Cited by6 opinions
- Wood v. MurphyMissouri Court of Appeals · 1892
- Baker v. ClaySupreme Court of Missouri · 1890
- Hendricks v. VivionMissouri Court of Appeals · 1906
- See v. MalloneeMissouri Court of Appeals · 1904
- Cantrell v. McDonaldSupreme Court of Missouri · 1967
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