Wood v. Messerly
Supreme Court of Missouri
Error to First District Court. I. The execution under the above statute continued in force until the March term, 1863, when it became functus officio. If it was then intended to revive or continue the levy in force, it was necessary .either to procure from the court a writ of venditioni exponas or to cause tbe issue of said execution anew under tbe provisions of tbe act of March, 1863 (Sess.
Read the full summary
Error to First District Court. I. The execution under the above statute continued in force until the March term, 1863, when it became functus officio. If it was then intended to revive or continue the levy in force, it was necessary .either to procure from the court a writ of venditioni exponas or to cause tbe issue of said execution anew under tbe provisions of tbe act of March, 1863 (Sess. Acts 1863, p. 20'). It Aras impossible to impart life to tbe executions beyond tbe second term of court of issue, unless the two methods provided by law were resorted to. (36 Mo.. 115; 2 Tidd’s Pr. 1019;…
1Opinion of the Court
Bliss, Judge,
delivered tbe opinion of tbe court.
The plaintiff brings ejectment, and derives title by deed from one K. H. Wood, and defendants bold possession as purchasers upon execution against him. The plaintiff seeks to defeat defendants’ title ¿through the execution for the reason, as be claims, that it was fundus officio at the time of the sale. It appears that it was issued in March, 1862, returnable at the next September term ; that the property was duly levied upon and advertised for salo at said September term, but the court adjourned before the day of sale. A sale being thus…
2Cases cited3 opinions
- Stewart v. SeveranceSupreme Court of Missouri · 1869
- Bank of Missouri v. Wells & BatesSupreme Court of Missouri · 1849
- McDonald v. GronefeldSupreme Court of Missouri · 1869
3Cited by4 opinions
- Hicks v. EllisSupreme Court of Missouri · 1877
- Durrett v. HulseSupreme Court of Missouri · 1877
- Huff v. MortonSupreme Court of Missouri · 1887
- Webster v. WoolbridgeU.S. Circuit Court for the District of Eastern Missouri · 1874