Hobein v. Murphy
Supreme Court of Missouri
Appeal from Franklin Circuit Court. This was a petition filed in 1854, praying the Circuit Court to set aside a sheriff’s deed to Murphy for land in Franklin county, sold under a special execution against the plaintiff upon a judgment of foreclosure of a mortgage.
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Appeal from Franklin Circuit Court. This was a petition filed in 1854, praying the Circuit Court to set aside a sheriff’s deed to Murphy for land in Franklin county, sold under a special execution against the plaintiff upon a judgment of foreclosure of a mortgage. The sale took place October 3, 1850, and the sheriff’s deed was dated March 24, 1851. It was admitted that, at the time of the sale, the plaintiff was ¡a resident of St. Louis county, and had no notice of the issuing of the execution under which the sale took place. The Cir•cuit Court thereupon rendered judgment setting aside the…
1Opinion of the CourtLeonard, Judge
1. The notice of execution required by the act of 12th March, .1849, to be given to a judgment debtor, who is a non-resident .of the county in which the land to be sold is situated, is not ■ necessary in a sale of mortgaged land made under a special fieri facias.
Although the language of the statute is general, embracing i in its words all execution sales of land situated in a different ■ county from that in which the judgment debtor resides, we *449think it must be limited in its operation to cases falling within the mischief intended to be remedied; and that this is clearly not a sale of that…
2Cited by5 opinions
- Harness v. CravensSupreme Court of Missouri · 1894
- Ray v. StobbsSupreme Court of Missouri · 1859
- Murphy v. BjelikOregon Supreme Court · 1917
- Jongewaard v. GesquireNorth Dakota Supreme Court · 1924
- Young v. SchofieldSupreme Court of Missouri · 1896