Ryan v. Bradbury
Missouri Court of Appeals
Appeal from Barton Circuit Court. — Hon. H. O. Timmonds, Judge. (1) The execution and return sought to be quashed was certainly admissible in evidence. There was no other way by which appellant could show that the property claimed bj him to be exempt from levy and sale, had in fact been levied upon by the sheriff.
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Appeal from Barton Circuit Court. — Hon. H. O. Timmonds, Judge. (1) The execution and return sought to be quashed was certainly admissible in evidence. There was no other way by which appellant could show that the property claimed bj him to be exempt from levy and sale, had in fact been levied upon by the sheriff. Catron v. Lafayette Co., 125- Mo. 61. (2) The interest .of the appellant in his wife’s real estate was levied on by the sheriff for the purpose of paying his sole debt. The levy was upon “all the right, title, interest and claim” of appellant in the real estate of his wife in which…
1Opinion of the CourtSmith, P. J.
This is an appeal by the defendant from a judgment on a motion to quash an execution. The case presented by the record appears to be this: The plaintiff had a judgment against the defendant on which an execution was issued and levied on a 160-acre tract of land as the property of the latter. The defendant filed a motion to quash the levy on the ground that the legal title to the land was in Kate Bradbury, the wife of the defendant, and that the interest of the defendant therein was not subject to sale under said exe*668cation levy; that said land -was conveyed to the said Kate Bradbury by good…
2Cases cited4 opinions
- Sloan v. TorrySupreme Court of Missouri · 1883
- Bobb v. WoodwardSupreme Court of Missouri · 1872
- Rankin v. HarperSupreme Court of Missouri · 1856
- Slattery v. JonesSupreme Court of Missouri · 1888
3Cited by6 opinions
- Gore v. Whitmore Hotel Co.Missouri Court of Appeals · 1935
- Abbott v. Fidelity Trust Co.Missouri Court of Appeals · 1910
- Commerce Bank of Kansas City, N.A. v. Housing Authority of Kansas CityCourt of Appeals for the Eighth Circuit · 1995
- Moore v. StemmonsMissouri Court of Appeals · 1902
- Black v. SlatonMissouri Court of Appeals · 1902
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