Legal Opinion

Parker v. Waugh

Supreme Court of Missouri

Decided January 15, 1864PublishedCited by 15 opinions

Error to Boone Circuit Cowl. I. The written order of Kirkbride to the sheriff, directing him to deliver the property to the defendant in execution, was sufficient to destroy the lien of his execution, and no orders or directions of the said Kirkbride could afterwards affect the rights of plaintiffs in error, or divest them of the lien which attached under and by virtue of their execution on said property. (Wise v. Darby, 9 Mo. 130.) II.

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Error to Boone Circuit Cowl. I. The written order of Kirkbride to the sheriff, directing him to deliver the property to the defendant in execution, was sufficient to destroy the lien of his execution, and no orders or directions of the said Kirkbride could afterwards affect the rights of plaintiffs in error, or divest them of the lien which attached under and by virtue of their execution on said property. (Wise v. Darby, 9 Mo. 130.) II. That the redelivery of the slaves levied on to La-force after the levy, and permitting them to remain in his possession without a delivery bond,-under the…

1Opinion of the CourtBates, Judge

On the 15th November, 1862, Waugh, the sheriff of Boone county, had in his hands five executions issued by the clerk of the Boone Circuit Court against Laforce, which, on that day, he levied upon twenty-one slaves of Laforce. Two of *342these executions — one in favor of Prewitt, and the other in favor of Bradford — were satisfied by a sale of real estate, and will not be further considered in this case. The others were, one in favor of Kirkbride upon a judgment for #5343.17 ; one in favor of Hardin for #557.30 ; and the other in favor of Orear for #249.19. On the same day Kirkbride gave the…

2Cases cited2 opinions

  1. Field v. LivermanSupreme Court of Missouri · 1852
  2. Wise v. DarbySupreme Court of Missouri · 1845

3Cited by15 opinions

  1. Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
  2. Bruce v. VogelSupreme Court of Missouri · 1866
  3. Gale v. MichieSupreme Court of Missouri · 1871
  4. C. Aultman & Co. v. DaggsMissouri Court of Appeals · 1892
  5. Slagel v. MurdockSupreme Court of Missouri · 1877

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