Legal Opinion

Webster v. Woolbridge

U.S. Circuit Court for the District of Eastern Missouri

Decided July 1, 1874Published

[Appeal from the district court of the United States for the Eastern district of Missouri.] On the 9th day of May, 1872, John M. Wool-bridge obtained a judgment in the Pettis county circuit court against Powhatan Wool-bridge for $6,269.08 on which an execution was issued, tested May 21, 1872, directed to the sheriff of St. Louis county, returnable at the September term, 1872. of the Pettis county circuit court.

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[Appeal from the district court of the United States for the Eastern district of Missouri.] On the 9th day of May, 1872, John M. Wool-bridge obtained a judgment in the Pettis county circuit court against Powhatan Wool-bridge for $6,269.08 on which an execution was issued, tested May 21, 1872, directed to the sheriff of St. Louis county, returnable at the September term, 1872. of the Pettis county circuit court. This suit was levied by the sheriff of St. Louis county on real estate of the said Powhatan on May 23, 1872, and ■the sale advertised fcr the 19th day of June ensuing. On the 18th day…

1Opinion of the Court

DILLON, Circuit Judge.

The decree establishes that the judgment of the appellant against the bankrupt prior to the proceedings in bankruptcy was fairly obtained and is valid. The assignee has not appealed, and does not question the correctness of this part of the decree. Tested by the doctrine of City Bank of St. Paul v. Wilson, lately decided by the supreme court of the United States (17 Wall. [84 U. S.] 473), this judgment rendered in Pettis county would not, of itself, be a lien upon lands in St Louis county, but the execution issued upon it became a lien on those lands when the same was…

2Cases cited7 opinions

  1. Stewart v. SeveranceSupreme Court of Missouri · 1869
  2. Merchants Bank v. EvansSupreme Court of Missouri · 1873
  3. McDermott v. Pacific RailroadSupreme Court of Missouri · 1860
  4. Porter v. MarinerSupreme Court of Missouri · 1872
  5. Bank of the State v. BraySupreme Court of Missouri · 1866

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