Lillard v. Shannon
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. I. The execution of December, 1862, issued from the Nodaway court came to the sheriff of Andrew county tlie same month, and became a lien on the land in suit from that time; and as Mrs. Montgomery did not purchase till February, 1863, 9he took subject to that execution. (R. C. 1855, pp. 741-2 ; § 21-) II. The levy of the execution on personal property did not satisfy it. The property was returned to and sold by .defendant.
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Appeal from Buchanan Circuit Court. I. The execution of December, 1862, issued from the Nodaway court came to the sheriff of Andrew county tlie same month, and became a lien on the land in suit from that time; and as Mrs. Montgomery did not purchase till February, 1863, 9he took subject to that execution. (R. C. 1855, pp. 741-2 ; § 21-) II. The levy of the execution on personal property did not satisfy it. The property was returned to and sold by .defendant. (10 Mo., 721; h'Mo., 537; 26 Mo., 308.) III. Defendants were innocent purchasers for value, without notice. Hence a court of' equity…
1Opinion of the CourtNapton, Judge
This suit was commenced in May, 1864, and originally the plaintiff was one Whitley, since dead, and subsequently Mrs. Atm Montgomery, who was the beneficiary in the deed to Whitley, and upon the death of both Whitley and Mrs. Montgomery, Lillard and others, sole heirs of Mrs Montgomery, were made plaintiffs.
The facts in the case appear to be these ; On the 14th of February, 1863, one Buford Menifee, 'then a resident of Andrew County, Mo., and owning in conjunction with William Whitley, a tract of land on which he lived, sold his half of said farm (the whole tract being a few acres under seven…
2Cases cited1 opinion
- Moss v. CraftSupreme Court of Missouri · 1847
3Cited by2 opinions
- Bonney v. TaylorSupreme Court of Missouri · 1886
- Shaw v. TracySupreme Court of Missouri · 1884