Parker v. Roberts
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. '. (1) The personal judgment against Abbott rendered by the Harrison circuit court in Kentucky, 1875, was not barred when sued upon, May, 1888, in the Buchanan, circuit court, Revised Statutes, Missouri, 1889, sec. 6796. (2) The plaintiff’s judgment May 19, 1889, was a valid judgment of a court of general jurisdiction, and cannot be assailed collaterally.
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Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. '. (1) The personal judgment against Abbott rendered by the Harrison circuit court in Kentucky, 1875, was not barred when sued upon, May, 1888, in the Buchanan, circuit court, Revised Statutes, Missouri, 1889, sec. 6796. (2) The plaintiff’s judgment May 19, 1889, was a valid judgment of a court of general jurisdiction, and cannot be assailed collaterally. (3) Abbott being insolvent and having no property available on execution, plaintiff, a judgment creditor, is allowed to bring his bill to remove incumbrances without execution…
1Opinion of the CourtMacearlane, J.
This is a suit in equity to set aside, for alleged fraud, a certain chattel mortgage, executed September 27, 1887, upon a lot of horses and wagons, made by one W. W. Abbott, deceased, to defendant Roberts, to secure a note for $6,887.73. Defendant Driver is the administrator of the said Abbott. The suit is prosecuted by the plaintiff, who obtained a judgment in the circuit court of Buchanan county against Abbott on the nineteenth day of May, 1888, for the sum of $3,400. The judgment was obtained upon the transcript of a judgment of a court of record in the state of Kentucky, rendered in the…
2Cases cited2 opinions
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