Gregmoore Orchard Co. v. Gilmour
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) The purchaser at execution sales must look to the judgment, execution and levy. If all these are valid, his title will be protected. If void, his title may be attacked collaterally.
Read the full summary
Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) The purchaser at execution sales must look to the judgment, execution and levy. If all these are valid, his title will be protected. If void, his title may be attacked collaterally. Morrison v. Dent, 1 Mo. 246; Hewitt v. Weatherly, 57 Mo. 276; Saunders v. Rains, 10 Mo. 771; Janney v. Spedden, 38 Mo. 395; Abbot v. Sheppard, 44 Mo. 273; Howard v. Thornton, 50 Mo. 291; 17 Cyc. 1286, 1308; Gray v. Hawes, 8 Cal. 562; Wooters v. Joseph, 137 111. 113. (2) Neglect to speak or act will not raise an estoppel in pais, when the party…
1Opinion of the CourtGray, J.
This action was commenced by a Missouri corporation to recover the possession of certain personal property, consisting of office furniture and farm tools, which plaintiff had on its farm in Howell county, and claimed to be the owner thereof. • The home office of the corporation at the times mentioned herein, was in St. Louis, and John Moore was its presi*212dent and George Currier its vice-president. Some time prior to September 6, 1910, an execution was issued . on a judgment for fifty dollars, alleged to have been rendered by a justice of the peace, in favor of John Soots, and against said…
2Cases cited17 opinions
- Taylor v. ZeppSupreme Court of Missouri · 1851
- Merchants' National Bank v. LovittSupreme Court of Missouri · 1893
- Austin v. LoringSupreme Court of Missouri · 1876
- Burke v. AdamsSupreme Court of Missouri · 1883
- Newman v. HookSupreme Court of Missouri · 1866
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Quirk v. BedalIdaho Supreme Court · 1926
- Rosenbloom v. New York Life Ins.Court of Appeals for the Eighth Circuit · 1947
- Ryan v. ScovillSupreme Court of Kansas · 1934
- Yeomans v. NachmanMissouri Court of Appeals · 1917
- Columbia Union National Bank v. Hartford Accident & Indemnity Co.District Court, W.D. Missouri · 1980
2 more not listed; retrieve them via the Exa API.