Chemical Bank v. Bulkley
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) At common law a judgment was not assignable so as to vest the legal title in the assignee; the only interest which he acquired by his purchase was an equitable interest, and he took the judgment subject to all equities that might exist in favor of the judgment debtor at the time of the assignment.' He, could not maintain an action on .it in his own name and was not a necessary party to a scire facias to…
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Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) At common law a judgment was not assignable so as to vest the legal title in the assignee; the only interest which he acquired by his purchase was an equitable interest, and he took the judgment subject to all equities that might exist in favor of the judgment debtor at the time of the assignment.' He, could not maintain an action on .it in his own name and was not a necessary party to a scire facias to revive the judgment. (2) The defendants could not complain that the judgment'.had been assigned; it did not affect their…
1Opinion of the CourtSmith, P. J.
The case presented by the record now before us is this: The plaintiff being the owner of an unsatisfied judgment against the defendants, entered into a parol agreement with one David Hancock, by which plaintiff, for a valuable consideration, sold to said Hancock, the said judgment, it being thereby understood that said Hancock was to have the right to enforce the satisfaction of the judgment by execution, to issue in the name of the plaintiff. Accordingly, the said Hancock caused the issue of execution on said judgment, which was levied by the sheriff on the real estate of the defendant…
2Cases cited3 opinions
- Wise v. LoringMissouri Court of Appeals · 1893
- Burgess v. CaveSupreme Court of Missouri · 1873
- Emory v. JoiceSupreme Court of Missouri · 1879
3Cited by3 opinions
- Price v. ClevengerMissouri Court of Appeals · 1903
- Neevel v. McDermandMissouri Court of Appeals · 1926
- Monticello Savings Bank v. StuartMissouri Court of Appeals · 1898