Alfred v. Ward

ULRICH, Chief Judge.

The question presented is whether the five year statute of limitations, § 516.120, RSMo 1994, applies to a cause of action against a county sheriff for tortious conduct arising out of the levy and execution sale of real property. Because the cause of action sounds in tort, the five year statute of limitation applies and bars the cause which accrued nearly ten years before the suit was filed. The trial court’s dismissal of the cause is affirmed.

In 1984, a judgment was entered in favor of S & W Farm Supply against Alfred and Maryann Ryder in the amount of $23,000. Carl Ward,…