Meyer Bros. Drug Co. v. Bybee
Supreme Court of Missouri
Appeal from Benton Circuit Court. — lion. W. W. Graves, Judge. (1) A motion to quash a levy can not be sustained when the execution and levy is not introduced in evidence. There is nothing upon which -the court can act. Blanton v. Martin, 50 Mo. App. 114; Catron v. Lafayette Co., 125 Mo. 67. (2) There is no eveidence in the record that the deed of Bybee was ever filed for record or that he ever had a deed to the land referred to in the testimony.
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Appeal from Benton Circuit Court. — lion. W. W. Graves, Judge. (1) A motion to quash a levy can not be sustained when the execution and levy is not introduced in evidence. There is nothing upon which -the court can act. Blanton v. Martin, 50 Mo. App. 114; Catron v. Lafayette Co., 125 Mo. 67. (2) There is no eveidence in the record that the deed of Bybee was ever filed for record or that he ever had a deed to the land referred to in the testimony. There could be no homestead exemption before the filing of the deed for record. Sec. 3622, R. S. 1899; Tennent v. Priiitt, 94 Mo. 145; Osten v.…
1Opinion of the CourtFox, J.
— This proceeding originated from a levy of an execution in the hands of the sheriff of Benton county, Missouri, upon certain land of respondent, J. W. Bybee.
In respect to the levy it is claimed by respondent that the land levied upon constituted the homestead of respondent, hence was exempt from the levy under the execution.
*360This proceeding is based upon the following motion filed by respondent:
“Now comes the defendant J. W. Bybee and moves the court to quash the levy of the execution heretofore levied in this cause, as far as the same pertains to the land of defendant J. W. Bybee which has…
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