Williams v. Boyce
Supreme Court of Missouri
ERROR to Pike Circuit Court. I. The judgment against the plaintiffs had been satisfied before the issuing of the last execution from the justice’s court, for two reasons:— 1. "Where goods sufficient to discharge the judgment are seized on s. fieri facias, the debtor is discharged. 4 Mass. R., 402; 6 do., 58; 16 do., 63; 4 Burrows R., 2482; 3 Mo. R., 249; 9 Mo. R., 24; 12 John.
Read the full summary
ERROR to Pike Circuit Court. I. The judgment against the plaintiffs had been satisfied before the issuing of the last execution from the justice’s court, for two reasons:— 1. "Where goods sufficient to discharge the judgment are seized on s. fieri facias, the debtor is discharged. 4 Mass. R., 402; 6 do., 58; 16 do., 63; 4 Burrows R., 2482; 3 Mo. R., 249; 9 Mo. R., 24; 12 John. R., 207; 7 do. 428; 2 Lord Ray., 1072. 2. The agreement to rescind the original contract for the sale of the land was a virtual satisfaction of the execution, and the plaintiff’s remedy was on the new contract. 4…
1Opinion of the CourtMcBride, J.
Boyce sold to the Williams’ a tract of land for the sum of $1200, payable in four equal instalments, and gave them his bond for a title, to be made on the payment of the purchase money, and they gave him their notes for the consideration. Williams went into possession under the purchase, and after making a payment, suffered suit to be instituted for a balance due on one of the notes, and judgment was rendered thereon by a justice of the peace for about $140. Execution was issued upon this judgment, and property of the defendant, sufficient to satisfy the same, was levied upon by the…
2Cited by2 opinions
- State ex rel. Colvin v. SixSupreme Court of Missouri · 1883
- Blackburn v. JacksonSupreme Court of Missouri · 1858