Green v. Meyers
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge.. (1) The filing and indexing of the transcript judgment against E. G-. Seibert constituted a valid lien against her real property, though held and subsequently conveyed by her under the name of Eleanor G. Sibert, and such conveyance can not affect the lien. The names Seibert and Sibert are idem sonans. 16 Am. and Eng. Ency.' of Law, p. 122; State v. Mohr, 55 Mo. App. 327; 1 Bishop, Crim.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge.. (1) The filing and indexing of the transcript judgment against E. G-. Seibert constituted a valid lien against her real property, though held and subsequently conveyed by her under the name of Eleanor G. Sibert, and such conveyance can not affect the lien. The names Seibert and Sibert are idem sonans. 16 Am. and Eng. Ency.' of Law, p. 122; State v. Mohr, 55 Mo. App. 327; 1 Bishop, Crim. Pros., sec. 688; Donnell v. IT. S., 1 Morris (Iowa) 141. (2) The principle of idem sonans applies to judgment records. Myers v. Fegely, 39 Pa.…
1Opinion of the CourtEllison, J.
This is a petition for injunction to restrain the sale of 'plaintiff’s real estate under an execution. Plaintiff had judgment in the trial court.
On April 23, 1901, the plaintiff purchased from Eleanor Gr. Sibert the property in question. 'Theretofore, on January 18, 1901, defendants recovered judgment against E. Gr. Seibert for $108 and costs, and on that day took a transcript of the judgment to be filed with the clerk of the circuit court, where it was abstracted in the abstract of judgments as a judgment against E. G-. Seibert. Personal service was had in the suit upon which the judgment…
2Cases cited11 opinions
- Marx v. HanthornSupreme Court of the United States · 1893
- Skelton v. SackettSupreme Court of Missouri · 1886
- Geer v. Missouri Lumber & Mining Co.Supreme Court of Missouri · 1896
- Turner v. GregorySupreme Court of Missouri · 1899
- Mosely v. ReilySupreme Court of Missouri · 1894
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3Cited by7 opinions
- Maier v. BrockSupreme Court of Missouri · 1909
- Green v. StrotherCourt of Appeals of Kansas · 1919
- Stephenson v. ConeSouth Dakota Supreme Court · 1910
- Orr v. ByersCalifornia Court of Appeal · 1988
- Gleich v. EarnestOhio Court of Appeals · 1930
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