City of Aurora ex rel. Williams v. Lindsay
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Hon. J. C. Lamson, Judge. (1) A motion to set aside a sale under execution filed in the original cause, before the return term of the execution, is the proper mode of proceeding for the purpose, and a purchaser under the execution can be brought in by notice of the pendency of the motion. State ex rel. Yancy, 61 Mo. App. 397; Am. Wine Co. v. Scholer, 13 Mo.
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Appeal from Lawrence Circuit Court. — Hon. J. C. Lamson, Judge. (1) A motion to set aside a sale under execution filed in the original cause, before the return term of the execution, is the proper mode of proceeding for the purpose, and a purchaser under the execution can be brought in by notice of the pendency of the motion. State ex rel. Yancy, 61 Mo. App. 397; Am. Wine Co. v. Scholer, 13 Mo. App. 345; Freeman on Executions, secs. 306-310. (2) Section 7662, Revised Statutes 1889, being an adoption in the revision of the law of 1883, and a later general act, inconsistent with the provisions…
1Opinion of the CourtMakshall, J.
Motion to set aside a judgment and to recall the execution issued thereon, and to set aside the sale had thereunder.
On the 3rd of July, 1894, a suit, entitled “City of Aurora ex rel. John A. Williams as the City Collector, Plaintiff, v. John A. Lindsay, Defendant,” was instituted before a justice of the peace for Aurora township, Lawrence county, Missouri, to collect seventy-five cents for city taxes due the city of Aurora, on lot 98, block 12, in Linzee’s second addition to said city, for the years 1891, 1892 and 1893. A summons for defendant was issued and returned, “not found,” etc., on…
2Cases cited17 opinions
- Downing v. StillSupreme Court of Missouri · 1869
- Young v. SchofieldSupreme Court of Missouri · 1896
- Lindell Real Estate Co. v. LindellSupreme Court of Missouri · 1897
- Humphreys v. Leggett, Smith, & LawrenceSupreme Court of the United States · 1850
- Beedle v. MeadSupreme Court of Missouri · 1883
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Jones v. PetersonSupreme Court of Missouri · 1934
- State Ex Rel. Steed v. NolteSupreme Court of Missouri · 1940
- State Ex Rel. Ford v. HoganSupreme Court of Missouri · 1930
- Stanton v. Estate of JohnsonMissouri Court of Appeals · 1914
- Gilmore v. HibbsSupreme Court of Missouri · 1941
4 more not listed; retrieve them via the Exa API.