Heath v. Daggett
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. This was an action brought in 1853 against the securities in the bond of John W. Twichell, as United States marshal for the district of Missouri, to recover money collected by bim under an execution in favor of the plaintiff against Amos Sands.
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Error to St. Louis Court of Common Pleas. This was an action brought in 1853 against the securities in the bond of John W. Twichell, as United States marshal for the district of Missouri, to recover money collected by bim under an execution in favor of the plaintiff against Amos Sands. The facts were as follows : The execution issued upon a judgment of the United States Circuit Court, rendered at the April term, 1850. Under it, the marshal levied upon certain goods as the property of Sands. After the levy, George Lansing claimed the goods, and the marshal summoned a jury to try the right of…
1Opinion of the CourtLeonard, Judge
The question in this record is, whether the marshal’s securities can resist the payment of the money collected by him upon the plaintiff’s execution, on the ground that the property sold did not belong to the execution defendant, but to one who af-terwards sued the marshal and recovered a judgment against him which yet remains wholly unsatisfied.
The circumstances relied upon to establish the plaintiff’s right are, that the sale was made under a bond of indemnity, given by the plaintiff after an inquest by a jury, taken pursuant to our execution act of 1835, in which the property was found to…
2Cited by4 opinions
- Vallé's Heirs v. Fleming's HeirsSupreme Court of Missouri · 1859
- McLean v. MartinSupreme Court of Missouri · 1870
- Magwire v. MarksSupreme Court of Missouri · 1859
- In Re Robert K. Minto v. Dorothy H. MintoMissouri Court of Appeals · 1949