Jones v. Howard
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. — Hon. D. W. Shackleford, Judge. (1) Whatever the statutes of other States may be, section 4915, Revised Statutes 1889, fixes the status of real estate here. (2) In this ease the lien of the judgment had expired, but the lien of the execution attached from the time of filing the notice of levy required by section 4922, Revised Statutes 1889, and the conveyance by the execution defendant on the following day could not defeat this lien.
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Appeal from Moniteau Circuit Court. — Hon. D. W. Shackleford, Judge. (1) Whatever the statutes of other States may be, section 4915, Revised Statutes 1889, fixes the status of real estate here. (2) In this ease the lien of the judgment had expired, but the lien of the execution attached from the time of filing the notice of levy required by section 4922, Revised Statutes 1889, and the conveyance by the execution defendant on the following day could not defeat this lien. No other notice of levy is required, and a person buying land so incumbered without investigation does so at his peril. (3)…
1Opinion of the Court
IN DIVISION ONE.
Macfarlane, J.
Thomas W. Howard died in October, 1893, intestate, seized of a tract of land in Moniteau county, which he occupied with his family as a homestead. He left surviving him a widow and five adult sons, named, respectively, James A. J. Howard, John D. H. Howard, Thomas H. F. Howard, Henry B. S. Howard, and Richard P. W. Howard. On October 25, 1893, the sons entered into an agreement among themselves for the settlement of their father’s estate. The part of it relating to the land is as follows:
“The said J. A. J. Howard, J. D. Howard, and T. H. F. Howard agree to convey…
Also in this document: Per curiam.
2Cases cited10 opinions
- Davis v. OwnsbySupreme Court of Missouri · 1851
- Moyer v. . HinmanNew York Court of Appeals · 1855
- Block v. MorrisonSupreme Court of Missouri · 1892
- Brant v. RobertsonSupreme Court of Missouri · 1852
- Parks v. People's BankSupreme Court of Missouri · 1888
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3Cited by1 opinion
- Majors v. MaxwellMissouri Court of Appeals · 1906