Mers v. Bell
Supreme Court of Missouri
Error to First District Court, The sale should have been made at Pleasant Hill, where the court out of which the execution issued was held, and during the session thereof. (Blanchard v. Baker, 29 Mo. 441; Sess. Acts 1851, p. 203 ; Sess. Acts 1867, p. 85.)
1Opinion of the CourtWagner, Judge
The origin of this cause was a motion to set aside a sale made under execution issued out of the Common Pleas Court of Cass county, upon a judgment obtained while sitting at Pleasant Hill. The sale was made by the sheriff, at the court-house door, at Harrisonville, the county seat, during a term of the Circuit Court, and not at the place where the Common Pleas was held, or during a session thereof.
The motion was sustained and the sale set aside on the ground that the sale should have been made at the place where the court out of which the execution issued was held, and during its session.…
2Cases cited1 opinion
- Blanchard v. BakerSupreme Court of Missouri · 1860
3Cited by3 opinions
- Wauchope v. McCormickSupreme Court of Missouri · 1900
- Lynde v. WilliamsSupreme Court of Missouri · 1878
- Bird v. McClelland Stumpf & Pelzer Brick Manuf'g Co.U.S. Circuit Court for the District of Western Missouri · 1891