State ex rel. Hafkemeyer v. McKellop
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. I. Hafkemeyer had the right to claim the property, and the sheriff was authorized to demand the bond in question. The only person excluded from making claim to the property levied on is the defendant in the writ. Every other person having an interest in the property may claim the same. The statute does not require the legal owner to claim the property levied on, but any person having “any interest therein” may claim the same.
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Appeal from St. Louis Court of Common Pleas. I. Hafkemeyer had the right to claim the property, and the sheriff was authorized to demand the bond in question. The only person excluded from making claim to the property levied on is the defendant in the writ. Every other person having an interest in the property may claim the same. The statute does not require the legal owner to claim the property levied on, but any person having “any interest therein” may claim the same. The term “any interest therein” is certainly sufficiently comprehensive to embrace any right, whether legal or equitable,…
1Opinion of the CourtWagner, Judge
This was an action on a bond given under the law specially applicable to St. Louis county, entitled “ An act con*185cerning the duties of sheriff and marshal in the county of St. Louis, in relation to the levy and sale of such property under execution or attachment as may be claimed by third persons.”
The petition alleged that on the 28d day of February, 1861, one Lohman was indebted to Hafkemeyer, the appellant, in the sum of three certain promissory notes, and that, for the purpose of securing the payment of the said notes, Lohman made, executed and delivered to Theodore Kroschcl, as trustee,…
2Cases cited1 opinion
- Hamilton v. FultonSupreme Court of Missouri · 1859
3Cited by3 opinions
- Siemers v. SchraderSupreme Court of Missouri · 1885
- State ex rel. Peters v. KochSupreme Court of Missouri · 1871
- L. J. Appel Sons, Inc. v. State Ex Rel. TownsendCourt of Appeals of Maryland · 1934