Legal Opinion

Mathias v. Arnold

Missouri Court of Appeals

Decided July 15, 1915Published

Appeal from St. Louis City Circuit Court. — Ron. William T. Jones, Judge. - (1) Under the provisions of section 2534, Revised Statutes 1909, a separate ground of relief is due appellant on each charge made in her petition. (2) The threatened sale in this case need not constitute a cloud on the title; it is enough if the appellant is interfered with in any way in the absolutely free use and disposition of her property. Duncan v. Turner, 171 Mo.

Read the full summary

Appeal from St. Louis City Circuit Court. — Ron. William T. Jones, Judge. - (1) Under the provisions of section 2534, Revised Statutes 1909, a separate ground of relief is due appellant on each charge made in her petition. (2) The threatened sale in this case need not constitute a cloud on the title; it is enough if the appellant is interfered with in any way in the absolutely free use and disposition of her property. Duncan v. Turner, 171 Mo. App. 677; The Charter Oak Life Ins. Co. v. Cummings, 90 Mo. 271. Under the amendment of the statute, an additional remedy was created for such cases as…

1Opinion of the CourtAllen, J.

This is a suit in equity seeking to restrain the threatened sale of real property belonging to plaintiff, a married woman, under an execution issued upon a judgment against-her husband, and to release plaintiff’s property from the levy of such execution. The defendants are the judgment creditor of the husband, for the attempted collection of whose judgment debt the execution was issued and levied, and the sheriff of the city of St. Louis who made the levy and who was proceeding to sell the property in question. The court below sustained a demurrer interposed by defendants to plaintiff’s…

2Cases cited15 opinions

  1. Pocoke v. PetersonSupreme Court of Missouri · 1914
  2. Drake v. JonesSupreme Court of Missouri · 1858
  3. Bridges v. McKennaCourt of Appeals of Maryland · 1859
  4. Hannibal & St. Joseph Railroad v. NortoniSupreme Court of Missouri · 1900
  5. Dunklin County v. ClarkSupreme Court of Missouri · 1872

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API