Legal Opinion

Turner v. Adams

Supreme Court of Missouri

Decided March 15, 1870PublishedCited by 34 opinions

Error to Sixth District Court. I. Until Turner and Knight proceed to sell the land in ques tion under their judgment in attachment, they are in no condition to aslc that the deed of Adams, made by the sheriff in 1862, be set aside. H. The lien of an attachment writ is not such an interest in land as to enable the plaintiffs in the proceedings to attach a legal title. III.

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Error to Sixth District Court. I. Until Turner and Knight proceed to sell the land in ques tion under their judgment in attachment, they are in no condition to aslc that the deed of Adams, made by the sheriff in 1862, be set aside. H. The lien of an attachment writ is not such an interest in land as to enable the plaintiffs in the proceedings to attach a legal title. III. The mere statement of Adams ta the sheriff, that he would pay off the judgment against Buchanan and himself, or that he would not sell at that term of the court, constitutes no fraudulent representation. 1. Because it was…

1Opinion of the Court

Wa&NER, Judge,

delivered the opinion of the court.

The allegations in the petition are that on the 23 d of March, 1860, a judgment was rendered in the Lincoln County Circuit Court in favor ,of Milroy and Bacon against defendant Adams, T. G-. Buchanan, and others, for $259.05; that Buchanan being largely indebted, writs of attachment, at the suit of plaintiffs and other creditors, were placed in the sheriff’s hands on the first of February, 1862, and were levied on a tract of land containing about 233^ acres, and worth at least $3,000; that in September, 1863, judgments were rendered in said…

2Cases cited4 opinions

  1. M'Dermutt v. StrongNew York Court of Chancery · 1820
  2. Merry v. FremonSupreme Court of Missouri · 1869
  3. McDowell v. CochranIllinois Supreme Court · 1849
  4. Martin v. MichaelSupreme Court of Missouri · 1856

3Cited by34 opinions

  1. Case v. BeauregardSupreme Court of the United States · 1880
  2. Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
  3. Ziska v. ZiskaSupreme Court of Oklahoma · 1908
  4. Humphreys v. Atlantic Milling Co.Supreme Court of Missouri · 1889
  5. Boland v. RossSupreme Court of Missouri · 1894

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