Stewart v. Severance
Supreme Court of Missouri
Appeal from Fifth District Court. This was an action to set aside an execution sale of plaintiff’s land. At the sale the property was purchased by defendants. It appears that the clerk of the Buchanan Court of Common Pleas, on the 28th day of May, 1864, issued from Ms office an execution reciting that Russell II.
Read the full summary
Appeal from Fifth District Court. This was an action to set aside an execution sale of plaintiff’s land. At the sale the property was purchased by defendants. It appears that the clerk of the Buchanan Court of Common Pleas, on the 28th day of May, 1864, issued from Ms office an execution reciting that Russell II. Wrinkle, in his lifetime, “ on the 13th day of September, 1860,” recovered a judgment in said court, against Robert M. Stewart and others, for $3,798.40 and costs ; that the execution was delivered, on the 31st day of May, 1861, to the sheriff of Buchanan county, who levied on the…
1Opinion of the Court
Wagner, Judge,
delivered the "opinion of the court.
The first objection which will be noticed in this case is the variance between the execution and the judgment, and which, it is insisted by the counsel for the appellant, constitutes a fata] defect. The execution under which the sale was made recited that it was in pursuance of a judgment rendered in the Buchanan Court of Common Pleas, on the 13th day of September, 1860, when it is admitted that there was no judgment of that date, but that the judgment on which the execution was actually issued was rendered on the 12th day of September, 1860.…
2Cases cited7 opinions
- Doe, on the Demise of Wilkins v. RueIndiana Supreme Court · 1837
- Wooton v. HinkleSupreme Court of Missouri · 1855
- McNew v. BoothSupreme Court of Missouri · 1868
- Tanner v. StineSupreme Court of Missouri · 1853
- Cutler v. WadsworthSupreme Court of Connecticut · 1828
2 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Kane v. McCownSupreme Court of Missouri · 1874
- Moore v. WingateSupreme Court of Missouri · 1873
- Strain v. MurphySupreme Court of Missouri · 1872
- Holden v. VaughanSupreme Court of Missouri · 1877
- Kelsay v. Farmers & Traders BankSupreme Court of Missouri · 1901
31 more not listed; retrieve them via the Exa API.