State ex rel. McLain v. Jenkins
Supreme Court of Missouri
Appeal from Cape Girardeau Court of Common Pleas.—Hon. Frank E. Burrough, Judge. The only claim to property seized under execution, by a person other than the execution creditor which the statute recognizes, is a claim existing at the time of the levy. R. S. 1889, sec. 4927; R. S. 1899, sec. 3183. The notices show a complete sale and a delivery of possession September 3, 1897, three days before the levy.
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Appeal from Cape Girardeau Court of Common Pleas.—Hon. Frank E. Burrough, Judge. The only claim to property seized under execution, by a person other than the execution creditor which the statute recognizes, is a claim existing at the time of the levy. R. S. 1889, sec. 4927; R. S. 1899, sec. 3183. The notices show a complete sale and a delivery of possession September 3, 1897, three days before the levy. (1) Afalse return is:“ Areturn madebythe sheriff, or other ministerial officer, to a writ in which is stated a fact contrary to the truth and injurious to one of the parties or to some one…
1Opinion of the CourtGantt, J.
Action on the official bond of John H. Jenkins, sheriff of Cape Girardeau county, for a false return on an execution in favor of relator and a wrongful release of personal property seized thereunder.
The petition alleged the election and qualification of the defendant as sheriff, the giving of his official bond as such, naming the other defendants as his sureties;.that relator sued out an execution on September 6, 1897, upon a judgment recovered by relator against Benjamin R. Hempstead, returnable to January term, 1898; that the same was delivered to said sheriff and commanded him to levy and…
2Cases cited1 opinion
- Scruggs v. ScruggsSupreme Court of Missouri · 1870
3Cited by3 opinions
- State Ex Rel. Moore v. MorantMissouri Court of Appeals · 1954
- W. T. Rawleigh Co. v. BrantleyMississippi Supreme Court · 1944
- W. T. Rawleigh Co. v. BrantleyMississippi Supreme Court · 1944