Wilburn's Administrator v. Hall
Supreme Court of Missouri
Appeal from Jackson Circuit Court. 1. No execution can issue upon an affirméd judgment until an order of the Circuit Court is first obtained. The damages awarded by the Supreme Court do not become incorporated with and make a part of the original judgment. 2. The judgment in this case was special, for the foreclosure of a mortgage.
Read the full summary
Appeal from Jackson Circuit Court. 1. No execution can issue upon an affirméd judgment until an order of the Circuit Court is first obtained. The damages awarded by the Supreme Court do not become incorporated with and make a part of the original judgment. 2. The judgment in this case was special, for the foreclosure of a mortgage. The mortgaged premises were adjudged to be sold, and the execution makes the damages a lien from the time when the mortgage was given, in 1845; whereas, they could be no lien until a transcript of the judgment awarding them was filed in the office of the clerk of…
1Opinion of the CourtRyuand, Judge
This was a motion in the court below to quash an execution. The Circuit Court overruled the motion, and the defendant excepted, and brings the case here by appeal. Tjie record shows that the plaintiff, Solomon L. Leonard, as administrator de bonis non of the estate of Edward Wilburn, sr., deceased, recovered against the defendant, Jacob Hall, a judgment, at the March term of the Jackson Circuit Court, in the year 1852, for the sum of eighteen hundred and sixty-three dollars and sixty-four cents, principal and interest, together with costs of suit. The debt being secured by mortgage, judgment…
2Cases cited1 opinion
- Meyer v. CampbellSupreme Court of Missouri · 1849
3Cited by2 opinions
- Block v. MorrisonSupreme Court of Missouri · 1892
- Walter v. TaborSupreme Court of Missouri · 1855