Payne v. Daviess County Savings Ass'n
Missouri Court of Appeals
Appeal from Daviess Circuit Court. — Hon. Joshua W. Alexander, Judge. Injunction will not lie to restrain the sale of land where plaintiff is in possession of the land and where his legal record title is superior to any title that can be acquired by a purchaser at the sale, and where plaintiff has a complete and adequate remedy at law against any claims that may be asserted by such purchaser. Wilcox v. Walker, 94 Mo. 89; Haeussler v. Thomas, 4 Mo.
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Appeal from Daviess Circuit Court. — Hon. Joshua W. Alexander, Judge. Injunction will not lie to restrain the sale of land where plaintiff is in possession of the land and where his legal record title is superior to any title that can be acquired by a purchaser at the sale, and where plaintiff has a complete and adequate remedy at law against any claims that may be asserted by such purchaser. Wilcox v. Walker, 94 Mo. 89; Haeussler v. Thomas, 4 Mo. App. 463; Drake v. Jones, 27 Mo. 429; Kuhn v. McNeil, 47 Mo. 389; Witthaus v. Bank, 18 Mo. App. 181; Clark y. Insurance Co., 52 Mo. 273; Russell v.…
1Opinion of the CourtJohnson, J.
Injunction to restrain defendants from selling and conveying certain lands under execution issued on a judgment recovered by defendant Bank against the mother of plaintiff.
A statement of facts sufficient for present purposes appears in the following portion of the final judgment: “That the defendant, The Daviess County Savings Association, is a corporation duly organized and incorporated according to law and the defendant, R. D. McCray, is the duly elected and qualified sheriff of Daviess *595county, Missouri; that the plaintiff is the owner and in possession of the lands described in his…
2Cases cited13 opinions
- Pixley v. HugginsCalifornia Supreme Court · 1860
- Doren v. Mayor of New-YorkNew York Court of Chancery · 1842
- State ex rel. Haeussler v. Court of AppealsSupreme Court of Missouri · 1877
- Haeussler v. ThomasMissouri Court of Appeals · 1877
- Gragg v. GraggSupreme Court of Missouri · 1877
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3Cited by4 opinions
- Carrel v. MeekMissouri Court of Appeals · 1911
- Rookery Realty, Loan, Investment & Building Co. v. JohnsonSupreme Court of Missouri · 1922
- Taylor v. SwearingenMissouri Court of Appeals · 1912
- Mathias v. ArnoldMissouri Court of Appeals · 1915