State ex rel. Estes v. Springer
Missouri Court of Appeals
Appeal from, the Bates Circuit Court. — Hon. X). A. DeAkmond, Judge. (1) Tlie sheriff, when levying in the country upon land in which plaintiff has a homestead, in an attachment proceeding, is bound to only ascertain if the value of such tract of land is in excess of $1,500. R. S. 1879, sec. 2689; State ex rel. Sligo, etc., v. Mason, 15 Mo.
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Appeal from, the Bates Circuit Court. — Hon. X). A. DeAkmond, Judge. (1) Tlie sheriff, when levying in the country upon land in which plaintiff has a homestead, in an attachment proceeding, is bound to only ascertain if the value of such tract of land is in excess of $1,500. R. S. 1879, sec. 2689; State ex rel. Sligo, etc., v. Mason, 15 Mo. App. 141; s. o., 88 Mo. 222. (2) The law did not require the sheriff to apprise the attachment defendants of their right, if any, to hold property exempt. It is only where execution shall come into an officer’s hands that such duty is imposed upon him. R.…
1Opinion of the CourtEliuson, J.
— The defendant Springer was the sheriff of Barton counts'-, and the other defendants were his-sureties on his official bond. This action is on the bond, for damage alleged to have accrued to plaintiff by reason of the loss of his homestead in a certain tract of’ land. The land was incumbered by a-certain deed of' trust for $1,000, known as the Homan deed of trust, which being deducted from the value of the land left it-of less value than $1,500, being the value allowed for a. homestead in the country in this state. F. Egger &- Sons sued out an attachment for debt against relator,, whereupon…
2Cases cited4 opinions
- Insurance Co. v. TweedSupreme Court of the United States · 1869
- Stearns v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1887
- Fields v. MaloneySupreme Court of Missouri · 1883
- State ex rel. Sligo Iron Store Co. v. MasonMissouri Court of Appeals · 1884
3Cited by2 opinions
- Moore v. Wabash RailroadMissouri Court of Appeals · 1892
- New Sharon Creamery Co. v. KnowltonSupreme Court of Iowa · 1906