Legal Opinion

Clamorgan v. O'Fallon & Lindell

Supreme Court of Missouri

Decided March 15, 1846PublishedCited by 2 opinions

APPEAL from St. Louis Circuit Court. 1st. That in a sale by sheriff under execution, if property of defendant he levied upon and sold without tho direction or interference of plaintiff, and the plaintiff’s demand is satisfied by the sale, upon a motion afterwards by defendant to sot aside the sheriff’s sale for irregularity, it is not necessary to notify the plaintiff in execution of the motion. 4 Litt.-Rep. 244; 4 Mon. Rep. 465, 474. 2d.

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APPEAL from St. Louis Circuit Court. 1st. That in a sale by sheriff under execution, if property of defendant he levied upon and sold without tho direction or interference of plaintiff, and the plaintiff’s demand is satisfied by the sale, upon a motion afterwards by defendant to sot aside the sheriff’s sale for irregularity, it is not necessary to notify the plaintiff in execution of the motion. 4 Litt.-Rep. 244; 4 Mon. Rep. 465, 474. 2d. That upon a motion to set aside a sheriff’s sale, if the purchaser, subsequent to his purchase, has sold a portion of the land to other persons, those…

1Opinion of the Court

Statement of the case adopted by the Court, and opinion by

Napton, J.

On the 20th April, 1820, Rufus Easton recovered a judgment in the Circuit Court vs. Jacques . Glamorgan’s executors, for $131 debt, and $28 82-100ths damages, besides costs. On the 10th June, of the same year, he issued execution on said judgment, on which the sheriff returned that he had made by the sale of a tract of land, all the cost and interest, and one hundred. and forty-three dollars two and three-fourth cents of the debt and damages. On the back of the advertisement appended to the sheriff’s return, the sheriff…

2Cited by2 opinions

  1. American Wine Co. v. ScholerMissouri Court of Appeals · 1883
  2. Baker v. HallSupreme Court of Kansas · 1883

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