Stinson v. Call
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Hon. J. C. Lamson, Judge. (1) If, as appellant maintains in this cause, the defendant was not entitled to hold the land in question exempt from execution and sale, as a homestead, as against appellant’s debt, then the failure of the sheriff to notify defendant of his homestead rights and exemptions or appraise the property, did not vitiate such levy.
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Appeal from Lawrence Circuit Court. — Hon. J. C. Lamson, Judge. (1) If, as appellant maintains in this cause, the defendant was not entitled to hold the land in question exempt from execution and sale, as a homestead, as against appellant’s debt, then the failure of the sheriff to notify defendant of his homestead rights and exemptions or appraise the property, did not vitiate such levy. Shindler v. Givens, 63 Mo. 894. (2) The laws of the United States providing for homesteads, have no bearing on the case at bar, the patent or deed for the land in question having been executed and issued long…
1Opinion of the CourtGantt, J.
The plaintiff recovered judgment against defendant before a justice of the peace. Upon a return of nulla bona, a transcript was filed in the office of the circuit clerk and execution thereon issued, and was levied on the land of defendant. After a sale of the land by the sheriff, defendant moved to quash and set aside the sale. This motion was sustained, and plaintiff appeals.
I. Upon the authority of McAnaw v. Matthis, 129 Mo. 142, jurisdiction of this appeal is vested in this court.
II. The circuit court set aside the sale because it held that the lands of defendant sold under the execution…
2Cases cited5 opinions
- McAnaw v. MatthisSupreme Court of Missouri · 1895
- State ex rel. Meinzer v. DivelingSupreme Court of Missouri · 1877
- Farra v. QuiglySupreme Court of Missouri · 1874
- Shindler v. GivensSupreme Court of Missouri · 1876
- Tennent v. PruittSupreme Court of Missouri · 1887
3Cited by14 opinions
- Hallauer v. LackeySupreme Court of Missouri · 1945
- Snodgrass v. CoppleSupreme Court of Missouri · 1907
- Kelsay v. Farmers & Traders BankSupreme Court of Missouri · 1901
- Lawson v. HammondSupreme Court of Missouri · 1905
- Moore v. StemmonsSupreme Court of Missouri · 1905
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