Hopke v. Lindsay
Missouri Court of Appeals
Appeal from the Pike Circuit Court. — Hon. David H. Hby, Judge. (1) The execution in the hands of the sheriff was not a lien on the property here in controversy prior to a valid levy thereof. E. S. 188'9, sec. 4922. It can not be claimed that the statement of the sheriff to the constable that he had levied on his property infused life and l-egality.into his otherwise void and illegal act.
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Appeal from the Pike Circuit Court. — Hon. David H. Hby, Judge. (1) The execution in the hands of the sheriff was not a lien on the property here in controversy prior to a valid levy thereof. E. S. 188'9, sec. 4922. It can not be claimed that the statement of the sheriff to the constable that he had levied on his property infused life and l-egality.into his otherwise void and illegal act. That is to say, if the attempted levy of the deputy sheriff was void from its inception, his subsequent statement to the constable would not make it legal or valid. (2) The levy was absolutely void, as there…
1Opinion of the CourtBond, J.
This is a contest between a sheriff and a constable as to the validity of their respective levies of executions against a common debtor. The property claimed by each officer is “one pair of track scales, one iron heater and sixtvthree pulleys.” The process in -the hands of the sheriff was upon a judgment of the circuit court; that in the hands of the constable was upon a justice’s judgment. The return of the sheriff was made on the twenty-third of April, 1898, and shows a levy, first, upon lot 56, block 7, Louisiana, Missouri; secondly, upon certain chattels embracing those described above,…
2Cases cited2 opinions
- Douglas v. OrrSupreme Court of Missouri · 1875
- Shanklin ex rel. Wetzler v. FrancisMissouri Court of Appeals · 1896
3Cited by4 opinions
- State Ex Rel. Mather v. CarnesMissouri Court of Appeals · 1977
- Monks & Miller, Inc. v. FeinWashington Supreme Court · 1923
- Hobbs v. WilliamsMissouri Court of Appeals · 1914
- Gould & Co. v. Mount Baker Savings & Loan Ass'nWashington Supreme Court · 1936