State ex rel. McGrath v. Carroll
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, W. H. Horner, Judge'. Full exemptions can not be claimed under each of several levies of an execution. Thompson on H. & E., sect. 856; Yoelsong v. Beltzhover, 59 Pa. St. 57. It was the duty of the defendant, Carroll, to set apart to Yandaveer the property described in the petition herein, under his exemption claim. Kulage v. Bchueller, 7 Mo.
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Appeal from the St. Louis Circuit Court, W. H. Horner, Judge'. Full exemptions can not be claimed under each of several levies of an execution. Thompson on H. & E., sect. 856; Yoelsong v. Beltzhover, 59 Pa. St. 57. It was the duty of the defendant, Carroll, to set apart to Yandaveer the property described in the petition herein, under his exemption claim. Kulage v. Bchueller, 7 Mo. App. 252. The interest of a mortgageor, after condition broken, can not be seized and sold under execution, and consequently the appellant was not damaged by reason of the release of the levy, made under execution,…
1Opinion of the CourtRombauer, J.
The plaintiffs obtained judgment against one Yandaveer, before a justice, and caused the execution on said judgment to be levied upon a horse. The horse was sold, under the execution, for three hundred and twenty-five dollars, and three hundred dollars of the proceeds was set apart to the defendant in the execution, who was the head of a family, and claimed the amount as exempt from execution under the provisions of section 2346, Revised Statutes.
The execution was thereafter renewed by the justice under the provisions of section 3018, of the Revised Statutes, and trader the execution thus…
2Cases cited6 opinions
- Hall v. . SampsonNew York Court of Appeals · 1866
- Boyce's Administrator v. Smith's AdministratorSupreme Court of Missouri · 1852
- King v. BaileySupreme Court of Missouri · 1843
- Yeldell v. StemmonsSupreme Court of Missouri · 1852
- Saxton v. WilliamsWisconsin Supreme Court · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
- Hickman v. DillMissouri Court of Appeals · 1888
- Chandler v. WestMissouri Court of Appeals · 1889
- Kennedy v. DodsonMissouri Court of Appeals · 1891
- Boeger v. LangenbergMissouri Court of Appeals · 1890
16 more not listed; retrieve them via the Exa API.