Moore v. Stemmons
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) When an- execution is levied on property not subject to execution, the levy will be quashed. Ryan v. Bradbury, 89 Mo. App. 665; Catron v. Lafayette County, 125 Mo. 67. (2) In an action at law to reach the trust estate the eestuis que trustent are necessary parties. Miller Lumber Co. v. Oliver, 65 Mo. App. 435; 18 Enc. Pleading and Practice, 106 and notes; Mallory v. Clark, 20 How. Pr. (N. Y.) 418; Prewettv.
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Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) When an- execution is levied on property not subject to execution, the levy will be quashed. Ryan v. Bradbury, 89 Mo. App. 665; Catron v. Lafayette County, 125 Mo. 67. (2) In an action at law to reach the trust estate the eestuis que trustent are necessary parties. Miller Lumber Co. v. Oliver, 65 Mo. App. 435; 18 Enc. Pleading and Practice, 106 and notes; Mallory v. Clark, 20 How. Pr. (N. Y.) 418; Prewettv. Land, 36 Miss. 495; 22 Enc. Pleading and Practice, 175; Hauser v. Hoffman, 32 Mo. 340; Rogers v. Rogers, 3 Paige (N. Y.)…
1Opinion of the CourtBroad Dus, P. J.
This is an appeal from the action of the court in overruling a motion to quash an execution.
Appellants are trustees of the Methodist Episcopal Church (colored) of Carthage, Missouri. Respondent in an action at law recovered judgment against the appellants on a promissory note executed by their prede*165cessors in office. It is alleged in the petition that the said church was an association for religious purposes and that the property of the association was vested in, held and controlled by a board of trustees, and that its business and financial affairs were transacted by said board of trustees,…
2Cases cited2 opinions
- Bushong v. TaylorSupreme Court of Missouri · 1884
- Heaton v. Kansas City, Pittsburg & Gulf RailroadMissouri Court of Appeals · 1896
3Cited by6 opinions
- Simpson v. Grand International Brotherhood of Locomotive EngineersWest Virginia Supreme Court · 1919
- Kincaid v. HenselWashington Supreme Court · 1936
- McIntyre v. Live Stock Shipping Assn.Missouri Court of Appeals · 1928
- Moore v. GibsonMissouri Court of Appeals · 1908
- Kalihi Japanese Language School ex rel. Tanegawa v. MatthewmanHawaii Supreme Court · 1924
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