Carr v. Lewis Coal Co.
Supreme Court of Missouri
Appeal from SI. Louis Court of Appeals. (1) A purchase made of property actually in litigation, pendente lite, for a valuable consideration, and without any express or implied notice of the suit, affects the purchaser in the same manner as if he had notice; and he will be bound by the decree in the suit. The alienee comes before the court in exactly the same plight as the former party. Story Eq. Plead., pars. 353,156, 342, 343 ; Milford & Ty.
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Appeal from SI. Louis Court of Appeals. (1) A purchase made of property actually in litigation, pendente lite, for a valuable consideration, and without any express or implied notice of the suit, affects the purchaser in the same manner as if he had notice; and he will be bound by the decree in the suit. The alienee comes before the court in exactly the same plight as the former party. Story Eq. Plead., pars. 353,156, 342, 343 ; Milford & Ty. Plead, and Pr. [Ed. of 1876], 166, 172; 1 Story Eq. Jur. par. 405; Adams Eq. *409; Hoxie v. Carr, 1 Sumner, 173; Turner v. Both, 60 Mo. 347, 350 ; O'…
1Opinion of the CourtSherwood, J.
In 1877, Carr brought suit in the St. Louis circuit court against Thomas Parker, Sr., upon a note, and recovered judgment. Execution was issued and levied upon the steam tug now in controversy, called the Alice Parker, as the property of Thomas Parker, Sr.; but Thos. Parker, Jr., in whose name the boat was fraudulently registered as owner, claimed the boat, and Carr, not being able to give an indemnification bond to the sheriff, the levy was released. This was in 1878, and the cause was numbered 43,734. In 1879, Carr filed his petition in said court against the 'Parkers to set aside the…
2Cases cited11 opinions
- Clements v. MooreSupreme Court of the United States · 1868
- Murtha v. . CurleyNew York Court of Appeals · 1882
- Picquet v. SwanU.S. Circuit Court for the District of Massachusetts · 1828
- Gage v. GatesSupreme Court of Missouri · 1876
- Ferguson v. HillmanWisconsin Supreme Court · 1882
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3Cited by17 opinions
- McCarthy v. Employers' Fire InsuranceMontana Supreme Court · 1934
- Ludvik v. James S. Jackson Co., Inc.Wyoming Supreme Court · 1981
- George v. SurkampSupreme Court of Missouri · 1934
- Wyeth Hardware & Manufacturing Co. v. H. F. Lang & Co.Missouri Court of Appeals · 1893
- Smith v. KieneSupreme Court of Missouri · 1910
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