Stanton v. Boschert
Supreme Court of Missouri
Appeal from 81. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. (1) The levy of the attachment in the case of John Stanton r. Alois Boschert, and the lien created thereby, were prior in point of time to the levies and liens of the attachments in the cases of R. F. Wheeler et al. v. Alois Boschert and of I. W. Overstreet et al. r. Alois Boschert, and the court should have so found. First.
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Appeal from 81. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. (1) The levy of the attachment in the case of John Stanton r. Alois Boschert, and the lien created thereby, were prior in point of time to the levies and liens of the attachments in the cases of R. F. Wheeler et al. v. Alois Boschert and of I. W. Overstreet et al. r. Alois Boschert, and the court should have so found. First. The default of Sheriff Mason, a defendant in this case, as well as the answer of defendant, F. F. Henseler, in failing to deny the same, admit such priority. Second. The evidence in the case also…
1Opinion of the CourtBlack, J.
— The defendant Boschert, being the owner of a parcel of land in St. Louis, having a front of two hundred feet by a depth of about one hundred and thirty feet, conveyed the same to a trustee by deed, dated the nineteenth of September, 1884, to secure his note of that date for $7,000, payable in five years to Frank F. Henseler. There was a dwelling-house and a two-story slaughter-house and outhouses on the property, and it was incumbered by two prior deeds of trust amounting to $4,750.
On the twenty-second of September, 1884, Wheeler and others and Overstreet and others commenced two *397suits by…
2Cases cited4 opinions
- Huxley v. HarroldSupreme Court of Missouri · 1876
- Lackey v. SeibertSupreme Court of Missouri · 1856
- Drake v. HaleSupreme Court of Missouri · 1866
- Davis Sewing Machine Co. v. WhitneyMichigan Supreme Court · 1886
3Cited by5 opinions
- Winningham v. TruebloodSupreme Court of Missouri · 1899
- Walter v. ScofieldSupreme Court of Missouri · 1902
- Ames v. ParrottNebraska Supreme Court · 1901
- Bryant v. DuffySupreme Court of Missouri · 1895
- Richards v. HarrisonMissouri Court of Appeals · 1897