Williamson v. Wylie
Missouri Court of Appeals
Appeal from the Pike Circuit Court. — Hon. Reuben F„ Roy, Judge. The description in the mortgage was wholly insufficient to enable third parties to identify the property with the aid of such inquiries as the mortgage suggested, and the mortgage was void. Bozeman v. Field, 44 Mo. App. 432;. Stonebraker v. Ford, 81 Mo. 532; Jennings v. Sparkman, 39 Mo.
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Appeal from the Pike Circuit Court. — Hon. Reuben F„ Roy, Judge. The description in the mortgage was wholly insufficient to enable third parties to identify the property with the aid of such inquiries as the mortgage suggested, and the mortgage was void. Bozeman v. Field, 44 Mo. App. 432;. Stonebraker v. Ford, 81 Mo. 532; Jennings v. Sparkman, 39 Mo. App. 663; Randol v. Buchanan, 61 Id. 445; Mackey v. Jenkins, 62 Id. 618. The claimant gave no forthcoming bond, and the property had been sold by the sheriff long prior to the trial, and to the term of court, at which the sheriff returned the…
1Opinion of the CourtBland, P. J.
On January 15, 1896, an execution was issued out of the clerk’s office of the Pike county circuit court in favor of Lemuel J. Williamson, and against Oeorge W. Wylie, on a judgment for $1,198.38 and costs, rendered March 6,1894. The sheriff, on the .sixteenth day of January, 1896, levied this execution upon “sixteen head of fat cattle,” as the property of the defendant Wylie. On the next day, January 17, the Bank of Curryville gave the sheriff the following notice:
“Bowling Oreen, Jan. 17th, A. D. 1896.
"To William L. Dougherty, Sheriff of Pike County, Missouri:
“You are hereby notieied, that…
2Cases cited9 opinions
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
- Burns v. HarrisIndiana Supreme Court · 1879
- Ranney v. MeisenheimerMissouri Court of Appeals · 1895
- Campbell v. AllenMissouri Court of Appeals · 1889
- Stevens v. SpringerMissouri Court of Appeals · 1886
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3Cited by5 opinions
- In re WadeDistrict Court, W.D. Missouri · 1911
- Tobin v. KampeCourt of Appeals for the Eighth Circuit · 1942
- Fisher v. Mikco Grain Co.Missouri Court of Appeals · 1966
- Charlesworth v. JacobMissouri Court of Appeals · 1930
- Williams v. W. W. Kimball Co.Missouri Court of Appeals · 1915