Metzner v. Graham
Supreme Court of Missouri
Error to Linn Court of Common Pleas. — Hon. Thomas Whitaker, Judge. 1. The defendant cannot avail bimself in this cause of the defense that the mortgage given to Ewing was a valid one constituting a prior lien ' on the attached property; if he can, the mortgage and judgment of foreclosure cannot so inure to his benefit as to bring him within the line of decisions cited by his counsel, making him liable only for nominal damages.
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Error to Linn Court of Common Pleas. — Hon. Thomas Whitaker, Judge. 1. The defendant cannot avail bimself in this cause of the defense that the mortgage given to Ewing was a valid one constituting a prior lien ' on the attached property; if he can, the mortgage and judgment of foreclosure cannot so inure to his benefit as to bring him within the line of decisions cited by his counsel, making him liable only for nominal damages. He was no party to the mortgage,'has violated his duty, deprived plaintiff of his rights, and has caused a direct and positive loss. Metzner v. Graham, 57 Mo. 410,411;…
1Opinion of the Court
Sherwood, O. J.
— Plaintiff’s petition states that defendant was sheriff of Livingston county when the execution hereinafter described was issued; that in an action at law in the common pleas court of Livingston county, on April 22nd, 1871, wherein Herman Metzner was plaintiff, and one A. N. Smith was defendant, plaintiff recovered a judgment for $1,127.33 and interest at 8 per cent, thereon and costs, and that in aid of said judgment, certain personal property, described in said petition, attached in said suit, and in the possession of defendant as the sheriff of said county, was ordered to…
2Cases cited1 opinion
- Metzner v. GrahamSupreme Court of Missouri · 1874
3Cited by7 opinions
- State Ex Rel. Nolte v. ReynoldsSupreme Court of Missouri · 1920
- Ross v. New Home Sewing Machine Co.Missouri Court of Appeals · 1887
- State ex rel. Frank v. CurranMissouri Court of Appeals · 1891
- Strahorn-Hutton-Evans Commission Co. v. Western Union Telegraph Co.Missouri Court of Appeals · 1903
- State Ex Rel. Nolte v. ReynoldsSupreme Court of Missouri · 1920
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