Schneiderheinze v. Berg
Supreme Court of Missouri
Appeal from "Warren Circuit Court. — Eon. James D. Barnett, Judge. (1) The regularity of the proceedings in the original suit on the note for $6400, preliminary to the judgment and the execution, cannot be questioned in this proceeding, which is wholly collateral to and independent of that suit.
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Appeal from "Warren Circuit Court. — Eon. James D. Barnett, Judge. (1) The regularity of the proceedings in the original suit on the note for $6400, preliminary to the judgment and the execution, cannot be questioned in this proceeding, which is wholly collateral to and independent of that suit. Lovitt v. Russell, 138 Mo. 482; Morrison v. Turnbaugh, 192 Mo. 445; Reed v. Nicholson, 158 Mo. 624; Talbot v. Rowe, 171 Mo. 421; Warren v. Manwarring, 173 Mo. 21; Freeman on Executions, sec. 296, p. 1709; Lieber v. Lieber, 239 Mo. 55; Lumber Co. V; Carroll, 255 Mo. 369; Skillman v. Clardy, 256 Mo.…
1Opinion of the CourtBond, J.
I. Plaintiff, on September 6, 1911, sued defendants under section 2535 of the statutes to recover a one-half interest in seventy-seven and one-half acres of land in Warren County. Judgment was rendered against plaintiff from which she prosecuted an appeal to this court.
Statement. Thé evidence disclosed that in the year 1862 George Berg died testate; that under paragraph two of his will he devised the land in controversy to his son Gottlieb Berg on condition that he should pay into the hands of the executor named in the will, within twelve months, the sum of one thousand dollars. This money .…
2Cases cited2 opinions
- Loring v. GroomerSupreme Court of Missouri · 1897
- Graham v. KetchumSupreme Court of Missouri · 1905
3Cited by4 opinions
- La Presto v. La PrestoSupreme Court of Missouri · 1955
- Love v. WhiteSupreme Court of Missouri · 1941
- Aetna Insurance v. O'MalleySupreme Court of Missouri · 1938
- Bernhardt v. PerrySupreme Court of Missouri · 1919