Blobaum v. Gambs
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. Plain fifí was not a stranger to the title. The sale, inter partes was good. If void as to creditors, it was void only as to the amount of the execution. (Dilworth vs. McKelvey, 30 Mo., 149; Eallon vs. Manning, 35 Mo., 271; Erei vs. Vogel, 40 Mo., 149.) II. Plaintiff was a competent witness. The “'cause of action” in this suit was the fraud alleged iu Slattery’s answer to make his levy valid.
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Appeal from St. Louis Circuit Court. I. Plain fifí was not a stranger to the title. The sale, inter partes was good. If void as to creditors, it was void only as to the amount of the execution. (Dilworth vs. McKelvey, 30 Mo., 149; Eallon vs. Manning, 35 Mo., 271; Erei vs. Vogel, 40 Mo., 149.) II. Plaintiff was a competent witness. The “'cause of action” in this suit was the fraud alleged iu Slattery’s answer to make his levy valid. The parties to that fraud were plaintiff and Rottinghaus. The constable was no party thereto. (See also Garvin’s Adm’r vs. Williams, 50 Mo., 207; Moore vs. Moore,…
1Opinion of the CourtAdams, Judge
This was an action of replevin. The petition alleged that the plaintiff was the owner of the personal property, and that defendant unlawfully detained the same.
The answer denied plaintiff’s ownership, and set up, that defendant was the owner by virtue of a levy of an execution by him, as constable, on the same, as the property of one Rottinghaus, the defendant in the execution; that plaintiff’s alleged claim to the property was fraudulent and void as to the creditors of Rottinghaus.
The plaintiff by replication denied the new matter set up in the answer. Before the trial, defendant died and…
2Cases cited2 opinions
- Dilworth v. McKelvySupreme Court of Missouri · 1860
- Frei v. VogelSupreme Court of Missouri · 1867
3Cited by1 opinion
- Young v. GlascockSupreme Court of Missouri · 1883