Wise v. Darby
Supreme Court of Missouri
ERROR to St. Louis Court of Common Pleas. Caldahan, for Plaintiff in Error. POINTS AND authorities. 1. The executions of the plaintiffs in error, by the directions given to the sheriff to delay the levy for an indefinite period, became dormant, and constructively fraudulent: the plaintiffs, therefore, lost their preference.
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ERROR to St. Louis Court of Common Pleas. Caldahan, for Plaintiff in Error. POINTS AND authorities. 1. The executions of the plaintiffs in error, by the directions given to the sheriff to delay the levy for an indefinite period, became dormant, and constructively fraudulent: the plaintiffs, therefore, lost their preference. Kellogg vs. Griffin, 17 J. R. 275; Benjamin vs. Smith, 4 Wend. 333; Storm & Buckman vs. Woods, 4 J. R. 109; Kempland vs. Macauly, Peake 66; Pringle vs. Price, 11 Price, 415. 2. The last executions of the plaintiffs in error were improvidently issued. The executions first…
1Opinion of the CourtNafton, J.
This was a motion made by Darby, the defendant in error, in the court •of common pleas of St. Louis county, asking that court to instruct the sheriff to sell certain property levied on by virtue of an execution in favor of said Darby against M. &F. Steigers, and to apply the proceeds to the satisfaction of that execution.
The motion was resisted by the plaintiffs in error, who claimed the property; by virtue of executions in their favor, issued anterior to the executions in favor of the plaintiff in error, and first placed in the hands of the sheriff. Affidavits in support of the motion, and…
2Cases cited2 opinions
- Russell v. GibbsNew York Supreme Court · 1826
- Rew v. BarberNew York Supreme Court · 1824
3Cited by4 opinions
- St. Louis & San Francisco Railway Co. v. Evans & Howard Fire Brick Co.Supreme Court of Missouri · 1884
- Delmar Oil Co. v. BartlettWest Virginia Supreme Court · 1907
- Parker v. WaughSupreme Court of Missouri · 1864
- In re HeadleyDistrict Court, W.D. Missouri · 1899