State ex rel. Evans v. Orahood
Missouri Court of Appeals
Appeal from the Clarke County Circuit Court, Ben. E. Turner, Judge. In order that the property sold shall be subject to execution the judgment must be obtained by the vendor,, and must be founded on the contract of sale of the property. Rev. Stat., sect. 2353 ; Freeman, Ex’rs, sect. 217 ;. Buckingham v. Nelson, 42 Miss. 487; Harley v. Davis, 16 Minn. 487; Davis v. Peabody, 10 Barb. 91; Smith v..
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Appeal from the Clarke County Circuit Court, Ben. E. Turner, Judge. In order that the property sold shall be subject to execution the judgment must be obtained by the vendor,, and must be founded on the contract of sale of the property. Rev. Stat., sect. 2353 ; Freeman, Ex’rs, sect. 217 ;. Buckingham v. Nelson, 42 Miss. 487; Harley v. Davis, 16 Minn. 487; Davis v. Peabody, 10 Barb. 91; Smith v.. Slade, 57 Barb. 637. By taking a note for his debt, Parren did not waive any of the securities which attached to the debt. Weymouth v. Sanborn, 80 Am. Dec. 144, and 43 N. H. 171; Clark v. Draper, 19…
1Opinion of the Court
Thompson, J.,
delivered the opinion of the court.'
This is an action upon a constable’s bond for levying upon and selling a wagon which, the plaintiff claims, was exempt from execution. The wagon was purchased by the Xilaintiff and one Shuman, who were partners in business, of one Parren, for the sum of seventy-five dollars, for which sum the plaintiff and Shuman executed to Parren their promissory note, due nine months after date. This note was transferred before maturity by Parren to one Jordan. It was not paid at maturity, and Jordan brought an action upon it before a justice of the peace,…
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