Pepper v. Carter
Supreme Court of Missouri
ERROR to Pike Circuit Court. I.The execution under which the sale of lot No. 76 was made, was not satisfied by the receipt of Hough. 1. A receipt can he explained by parol evidence. (9 Mo.
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ERROR to Pike Circuit Court. I.The execution under which the sale of lot No. 76 was made, was not satisfied by the receipt of Hough. 1. A receipt can he explained by parol evidence. (9 Mo. R., p. 63.) The evidence of the sheriff and McQueen shows that Hough consented that McQueen should have the benefit of hi execution, and although he gave his receipt to the sheriff in full of the execution, it was the un derstanding between the parties that the balance of the execution should be transferred to McQueen, and be collected for his benefit. 2. Hough authorized McQueen to make this arrangement…
1Opinion of the CourtScott, J.
This was a bill in chancery filed by Pepper, the complainant, vs. Carter & Minor, the defendants. The bill substantially charges that the complainant on the 12th April, 1844, purchased for ten dollars lot No. 76, in the town of Clarksville, in Pike county, at a sheriff’s sale, under *542an execution against himself, the defendant, Carter and others, in favor of W. S. Hough. That the sheriff executed to him a deed for the lot.— That previous to said sale, on the 12th September, 1842, the said lot wag conveyed by the said defendant Carter, to the said defendant Minor, for the nominal consideration…
2Cases cited2 opinions
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