Young v. Cleveland
Supreme Court of Missouri
Appeal from Ste. Genevieve Circuit Court. I. The court below committed error in declaring the law to be, that the giving up the property, levied on as William Cleveland’s, by the constable, operated as a release to the defendant (respondent) to the amount of the value of the same. The property so levied on was, by an arrangement between appellant and said William Cleveland, exchanged for the interest of the wife of Cleveland in the estate of her father, Obadiah Scott.
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Appeal from Ste. Genevieve Circuit Court. I. The court below committed error in declaring the law to be, that the giving up the property, levied on as William Cleveland’s, by the constable, operated as a release to the defendant (respondent) to the amount of the value of the same. The property so levied on was, by an arrangement between appellant and said William Cleveland, exchanged for the interest of the wife of Cleveland in the estate of her father, Obadiah Scott. (Marshall v. Morris, 13 Geo. 185.) II. The limitations opposed no bar. This respondent resided in Kentucky at the time the…
1Opinion of the CourtDeyden, Judge
This is a suit brought before a justice of the peace, by Young, against George W. Cleveland, on a note made by the defendant, Wm. Cleveland and Dudley Horn, for two hundred and five dollars and thirty-seven and a half cents, payable to the plaintiff’s testator, on which several partial payments had been made, reducing the demand to a sum within the jurisdiction of a justice of the peace. The case was tried before the justice and taken to the Circuit Court, where, upon a trial anew, after the plaintiff had read the note, the defendant proved that he and Horn were merely the securities of…
2Cited by7 opinions
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- Wood v. ConradSouth Dakota Supreme Court · 1892
- City of Warrensburg v. SimpsonMissouri Court of Appeals · 1886
- Hyde v. RogersWisconsin Supreme Court · 1884
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