Legal Opinion

Hicks v. Ellis

Supreme Court of Missouri

Decided April 15, 1877PublishedCited by 6 opinions

Appeal from Jackson Circuit Court. 1. Venditioni exponas was the proper writ to preserve the lien created by the levy of i'aefi.fa. Porter v. Mariner, 50 Mo. 364; Lackey v. Lubke, 36 Mo. 115; Ilerm. on Ex. 26, 331. 2. It is not necessary that the venditioni exponas be issued at the return term of the fi. fa.

Read the full summary

Appeal from Jackson Circuit Court. 1. Venditioni exponas was the proper writ to preserve the lien created by the levy of i'aefi.fa. Porter v. Mariner, 50 Mo. 364; Lackey v. Lubke, 36 Mo. 115; Ilerm. on Ex. 26, 331. 2. It is not necessary that the venditioni exponas be issued at the return term of the fi. fa. Smith v. Spencer, 3 Ired. 256 ; Taylor v. Loe, 13 Ilow. 287. 3. The vendi. was kept alive until a term of the Jackson Circuit Court was held by the act of March 23, 1863, and especially the 3rd section. The term “execution,” as used in the act, is broader than and includes writs of…

1Opinion of the CourtHough, J.

This was an action of ejectment. Both parties claimed title through G. M. B. Maughs; the plaintiff by direct conveyances from said Maughs, executed in 1868 and 1873, and defendant by a sale under execution against said Maughs, made in 1865. Whether the sale under execution was a valid one, and passed the title of said Maughs to the property in controversy, is the question presented for our determination. In April, 1860, suit was instituted in the Circuit Court of Howard county by Nancy Carrole v. James H. Reed, J. D. Smith and G. M. B. Maughs, on two promissory notes executed by them. Service…

2Cases cited3 opinions

  1. Kane v. McCownSupreme Court of Missouri · 1874
  2. Wood v. MesserlySupreme Court of Missouri · 1870
  3. Payne v. CollierSupreme Court of Missouri · 1840

3Cited by6 opinions

  1. Burnes v. BurnesMissouri Court of Appeals · 1895
  2. State v. FultonMissouri Court of Appeals · 1911
  3. Carter v. CarterSupreme Court of Missouri · 1911
  4. Hubbard v. Kansas City Stained Glass Works & Sign Co.Supreme Court of Missouri · 1905
  5. Huff v. MortonSupreme Court of Missouri · 1887

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API