Finke v. Craig
Missouri Court of Appeals
Appeal from the Warren Circuit Court. — Hon. W. W. Edwaeds, Judge. (1) The court erred in sustaining the motion. A motion to vacate a levy and sale under execution is not the proper proceeding to try the debtor’s claim, that the property sold is exempt .from execution. State ex rel. v. Bierwirth, 47 Mo. App. 551. This duty devolves upon the sheriff, who is invested with sufficient power to give efficacy to the law’s bounty.
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Appeal from the Warren Circuit Court. — Hon. W. W. Edwaeds, Judge. (1) The court erred in sustaining the motion. A motion to vacate a levy and sale under execution is not the proper proceeding to try the debtor’s claim, that the property sold is exempt .from execution. State ex rel. v. Bierwirth, 47 Mo. App. 551. This duty devolves upon the sheriff, who is invested with sufficient power to give efficacy to the law’s bounty. State ex rel. v. Baracla, 57 Mo. 562; State ex rel. v. Barnett, 96 Mo. 133; Stale v. Harrington, 33 Mo. App. 476. (2) The defendant Craig was not entitled to notice under…
1Opinion of the CourtBond, J.
— This is a proceeding to set aside a sheriff’s sale of real estate, upon motion of the defendant in the execution alleging that he was the head of a family and entitled to the statutory exemption of $300-in lieu of specific articles, and that' said sheriff failed, to apprise him (defendant) of his exemption rights.
*395The sale sought to be annulled was had under, and by virtue of, an execution against respondent, issued upon a judgment of the circuit court, and took place October 20, 1891. On the next day a deed was executed to the purchaser at such sale. Upon the hearing, the court rendered…
2Cases cited3 opinions
- Ray v. StobbsSupreme Court of Missouri · 1859
- American Wine Co. v. ScholerMissouri Court of Appeals · 1883
- State ex rel. Snider v. BierwirthMissouri Court of Appeals · 1892
3Cited by6 opinions
- Jones v. PetersonSupreme Court of Missouri · 1934
- St. Louis Brewing Ass'n v. HowardSupreme Court of Missouri · 1899
- Stanton v. Estate of JohnsonMissouri Court of Appeals · 1914
- Irondale Bank v. TerrillMissouri Court of Appeals · 1909
- Southern Coal Co. v. ShepardMissouri Court of Appeals · 1928
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