Duncan v. Matney
Supreme Court of Missouri
Error to Buchanan Circuit Cowrt. This was an action to recover damages for the sale of plaintiff’s land by the defendant, as sheriff of Buchanan county, by virtue of an execution.
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Error to Buchanan Circuit Cowrt. This was an action to recover damages for the sale of plaintiff’s land by the defendant, as sheriff of Buchanan county, by virtue of an execution. Plaintiff alleged in his petition that about the 14th day of December, 1857, defendant was sheriff of Buchanan county; that a certain judgment had previously been rendered against plaintiff; that an execution issued on said judgment' and “ was placed in the hands of the sheriff of Buchanan county for collection that about said 14th of December, 1857, defendant, under said execution, sold all the right, title and…
1Opinion of the CourtScott, Judge
This is one of those suits, becoming so common under our present practice act, from which it is impossible to ascertain *374wbat legal idea was in the mind of the attorney at the time he wrote the petition. It is alleged that the plaintiff, “ for the purpose of getting back the property illegally sold, had to pay out and expend and otherwise incur liability to the amount of two hundred dollars.” The petition then concludes with the averment that, by reason of said illegal levy, proceedings and sale of said land, the plaintiff has been damaged in the sum of two hundred dollars, for which he prays…
2Cited by18 opinions
- Sherrill v. WilsonSupreme Court of Missouri · 1983
- Kane v. McCownSupreme Court of Missouri · 1874
- Lehnhardt v. JenningsCalifornia Supreme Court · 1897
- Coffin v. BradburyIdaho Supreme Court · 1894
- Slattery v. JonesSupreme Court of Missouri · 1888
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