Bank of Conception v. O'Donnell
Missouri Court of Appeals
Appeal from Nodaway Circuit Court.—Hon. Wm. G. Ellison, Judge. (1) The defendant in an execution may claim $300 in lieu of the property in the first two subdivisions of section 3159, R. S. 1899. R. S. 1899, secs. 3162 and 3163; Fink v. Craig, 57 Mo. App. 393; Bank v. Farrell, 125 Mo. App. 472. The time for defendant to make this claim is when the sheriff calls with the execution to make the levy. Caldwell v. Renfro, 99 Mo.
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Appeal from Nodaway Circuit Court.—Hon. Wm. G. Ellison, Judge. (1) The defendant in an execution may claim $300 in lieu of the property in the first two subdivisions of section 3159, R. S. 1899. R. S. 1899, secs. 3162 and 3163; Fink v. Craig, 57 Mo. App. 393; Bank v. Farrell, 125 Mo. App. 472. The time for defendant to make this claim is when the sheriff calls with the execution to make the levy. Caldwell v. Renfro, 99 Mo. App.' 376; Garret v. Wagner, 125 Mo. 450. The right of defendant to make this claim as the head of a family, his notification, election and selection supersedes the right…
1Opinion of the CourtBroaddus, P. J.
This is an appeal from the action of the court in overruling appellants motion to quash an execution. The property levied upon by the sheriff under the execution was a house and lot in the city of Maryville, Missouri, occupied by the defendant and his family, and encumbered by a mortgage for five hundred dollars. The defendant prior to the issuance of the execution conveyed the property to his wife. The defendant acquired the property after the debt was contracted on which the judgment was rendered and under which the execution was issued.
The ground for quashing the execution was that the…
2Cases cited1 opinion
- Stewart v. StewartMissouri Court of Appeals · 1896
3Cited by1 opinion
- State ex rel. Woodrome v. FreemanMissouri Court of Appeals · 1913