Legal Opinion

Illingworth & Clark v. Miltenberger

Supreme Court of Missouri

Decided October 15, 1847PublishedCited by 7 opinions

ERROR to St. Louis Circuit Court. Statement of the Case. The appellants sued the appellee in ejectment for a certain lot in the city of St. Louis.

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ERROR to St. Louis Circuit Court. Statement of the Case. The appellants sued the appellee in ejectment for a certain lot in the city of St. Louis. In support of their title, they produced the following evidence, to-wit: 1. The record of a mechanic’s lien — demand against Abram Alien in favor of Meara & Yates, dated May 14,1845, for $48, accompanied with a description of the lot sued for. 2. A transcript of a justice’s judgment in favor of Meara & Yates against said Allen, for $48 by confession, rendered August 13, 1845. Said transcript does not state for or on what account the judgment was…

1Opinion of the CourtMcBride, J.

The first question which we are called upon to decide is as to the validity of the sheriff’s sale and deed, under an execution which issued from the clerk’s office of the Circuit Court, on a transcript of a judgment *85obtained before a justice of the peace, in favor of Meara & Yates against Abraham Allen.

It appears from the evidence that Meara & Yates, on the 13th August, 1845, filed their lien in the clerk’s office of the Circuit Court, in which they alledged that Abraham Allen was justly indebted to them in the sum of $48, for labor done and materials furnished in the erection of a house on a…

2Cited by7 opinions

  1. Allen v. ChatfieldCalifornia Supreme Court · 1916
  2. Dazet v. LandryNevada Supreme Court · 1892
  3. Metropolitan Land Co. v. ManningMissouri Court of Appeals · 1903
  4. Randolph v. SloanSupreme Court of Missouri · 1874
  5. Langford v. FewSupreme Court of Missouri · 1898

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