American Wine Co. v. Scholer
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Adams, J. From the time the sheriff levied the execution on the property in question, he became quasi the agent of the defendant for the sale of the stock.
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Appeal from the St. Louis Circuit Court, Adams, J. From the time the sheriff levied the execution on the property in question, he became quasi the agent of the defendant for the sale of the stock. Between the purchaser and the defendant in the execution the law raises a contract of sale the same as if made with himself. — McKnight v. Gordon, 13 Rich. 222. A sheriff, in making a sale under an execution, acts as the ministerial officer of the law and not as the organ of the court. He is not its instrument or agent (as in case of judicial sales) and the court is not the vendor.— Bac. Abr., tit.…
1Opinion of the CourtThompsoN, J.
This appeal is taken from an order made in a proceeding by motion setting aside an execution sale, and awarding a writ of venditioni exponas in respect of the property levied upon. No exception was taken to. the final order of the court upon the motion ; but the appellants, the American Wine Company, which was the plaintiff in the execution, and Isaac Cook, who was the purchaser at the execution sale, on the day on which the order was made, filed motions to set aside the order, and for a new trial, or rehearing of the motion, setting forth specific reasons therefor; which motions the court…
2Cases cited12 opinions
- Downing v. StillSupreme Court of Missouri · 1869
- Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- Ray v. StobbsSupreme Court of Missouri · 1859
- Nelson v. BrownSupreme Court of Missouri · 1856
- Holden v. VaughanSupreme Court of Missouri · 1877
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3Cited by6 opinions
- City of St. Louis v. PeckMissouri Court of Appeals · 1959
- Finke v. CraigMissouri Court of Appeals · 1894
- Irondale Bank v. TerrillMissouri Court of Appeals · 1909
- State ex rel. Stogsdell v. EvansMissouri Court of Appeals · 1893
- Maloney v. Real Estate, Building & Loan Ass'nMissouri Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.