Griffith v. Randolph
Supreme Court of Missouri
Appeal from Knox Qireu.it Qourt. — Hon. B. E. Turner, Judge. (1) Upon the reversal of a judgment, after a sale has been made under execution to a stranger to the suit, the plaintiff is only bound to pay to the defendant the amount for which the property sold, with interest from date of sale.
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Appeal from Knox Qireu.it Qourt. — Hon. B. E. Turner, Judge. (1) Upon the reversal of a judgment, after a sale has been made under execution to a stranger to the suit, the plaintiff is only bound to pay to the defendant the amount for which the property sold, with interest from date of sale. Freeman on Executions, sec. 446 ; 8Melds v. Powers, 29 Mo. 315; Gott v. Powell, 41 Mo. 416. (2) The court ought to have permitted defendant to prove that the plaintiff had no title to the land at the time the execution was levied upon it. Deféndant is bound to make restitution to the real owners of the…
1Opinion of the CourtRat, J.
This case grew out of the case of Anderson v. Griffith, reported in 66 Mo. 44. The plaintiffs in, that case, who are the defendants in this, sought to subject certain real estate, therein described, to the pay,ment of a vendor’s lien, and on a trial, in the circuit court, had payment accordingly. The defendant in that case, who is plaintiff here, took the case to the Supreme Court by writ of error, but gave no bond or obtained no supersedeas, and upon a hearing in the court the judgment of the circuit court was reversed and case remanded. In the meantime, however, while the case was pending…
2Cases cited1 opinion
- Anderson v. GriffithSupreme Court of Missouri · 1877
3Cited by1 opinion
- City of St. Joseph v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1867