Legal Opinion

Bank of Missouri v. Wells & Bates

Supreme Court of Missouri

Decided January 15, 1849PublishedCited by 10 opinions

ERROR TO MARION CIRCUIT COURT! 1st. The lien of a j udgment without revivor expires by the express proviso of the statute at tho end of three years.

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ERROR TO MARION CIRCUIT COURT! 1st. The lien of a j udgment without revivor expires by the express proviso of the statute at tho end of three years. Seo R. Code 1835 p. 339. The lien of the judgment is a right created by the statute, and cannot bo extended farther than the statute goes. 9 Wendell 158; 5 Cowen 294; 18 Wendell 622. In New York it will be seen by the authorities quoted that the provisions of the New York statute except front the computation of the period of the lien, any portion of that period in which there may have been enjoined by some order in chancery against proceeding. No…

1Opinion of the Court

Scott, judge,

delivered the opinion of the court.

This was an action of ejectment brought by the plaintiff in error against the defendant in error for lands and lots in Marion comity. In consequence of adverse instructions, the plaintiff submitted to a non-*363suit, and after an unsuccessful application to set it aside, sued out this writ of error.

The plaintiff claimed the premises in controversy under a sheriff’s-sale and deed, on a judgment dated 4th May, 1840, on which execution issued 1st July, 1842, returnable to the first Monday of September, fallowing. The execution was levied 2d July, 1842,…

2Cited by10 opinions

  1. Hagemann v. PinskaMissouri Court of Appeals · 1931
  2. Isaac v. SwiftCalifornia Supreme Court · 1858
  3. Rice v. MortonSupreme Court of Missouri · 1854
  4. Riggs v. GoodrichSupreme Court of Missouri · 1881
  5. Christy v. FlanaganSupreme Court of Missouri · 1885

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