Newman v. Hook
Supreme Court of Missouri
Appeal from, Callaway Circuit Court. I. Both plaintiff and defendant claim title through Alfred J.Moore. The time of the sheriff’s sale of the hotel is admitted. The principle that a sheriff cannot sell personal property without a seizure and taking it into possession is too well settled to admit of doubt. (Yeddell v. Barnes, 15 Mo. M3; 2 Bac. Abr. 734; 9 East. 474; B. C. 1855, p. 753, § 74; Carpenter v. Stillw.ell, 1 Kern. 73.) II.
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Appeal from, Callaway Circuit Court. I. Both plaintiff and defendant claim title through Alfred J.Moore. The time of the sheriff’s sale of the hotel is admitted. The principle that a sheriff cannot sell personal property without a seizure and taking it into possession is too well settled to admit of doubt. (Yeddell v. Barnes, 15 Mo. M3; 2 Bac. Abr. 734; 9 East. 474; B. C. 1855, p. 753, § 74; Carpenter v. Stillw.ell, 1 Kern. 73.) II. It being beyond contest that the sheriff’s acts passed no title, we next inquire, did A. J. Moore enter into any contract, express or implied, whereby he agreed…
1Opinion of the Court
'Lovelace, Judge,
delivered the opinion of the court.
This action is founded upon an interpleader filed by the plaintiff Newman in a suit of attachment commenced by Hook against one A. J. Moore in the Callaway Circuit Court. The interplea claims certain personal property levied on in the attachment suit as the property of Moore. The evidence *211shows that in. 1860 the sheriff of Callaway county, by virtue of divers executions against Moore, levied upon certain real estate and personal property, including the property in controversy, and sold the same. The property in question consists of certain…
2Cases cited2 opinions
- Taylor v. ZeppSupreme Court of Missouri · 1851
- Wall's Guardian v. CoppedgeSupreme Court of Missouri · 1852
3Cited by25 opinions
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- Chouteau v. GoddinSupreme Court of Missouri · 1866
- Grafeman Dairy Co. v. Northwestern BankSupreme Court of Missouri · 1921
- Campbell v. JohnsonSupreme Court of Missouri · 1869
- De Lashmutt v. TeetorSupreme Court of Missouri · 1914
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