Keber v. Mercantile Bank

,' Baeewell, J\,

delivered, the opinion, of .the court.

"The'petition in .this .case, alleges th,at .plaintiff, having ' caused .execution to.be issued upon a judgment, obtained hy * him against . James S. Thomas, the. .sajpe, .was levied upon 'real estate of Thomas amply sufficient to satisfy the judg- ' ment.;' that the sheriff proceeded, to advertise the property for sale under,plaintiff’s execution,, when defendant wrong- • fully instituted ' proceedings, in the. District. Court of th.e. 'United. States foy the Eastern, District ojf Missouri, against •plaintiff, the said sheriff,.and…