Haeussler v. Thomas
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. An injunction will not lie to stay an execution sale simply on the ground that it will pass no title, and may cast a cloud on the title of the true owner. — Dralce v. Jones, 27 Mo. 428; Kuhm v. McNeil, 47 Mo. 389. Injunction is not the proper remedy to prevent the wrongful sale of property where there is no charge of insolvency, fraud, or other matter within equity jurisdiction. — Waterman v. Johnson, 49 Mo. 410; Mysenburg v. Schlieper,…
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Appeal from St. Louis Circuit Court. An injunction will not lie to stay an execution sale simply on the ground that it will pass no title, and may cast a cloud on the title of the true owner. — Dralce v. Jones, 27 Mo. 428; Kuhm v. McNeil, 47 Mo. 389. Injunction is not the proper remedy to prevent the wrongful sale of property where there is no charge of insolvency, fraud, or other matter within equity jurisdiction. — Waterman v. Johnson, 49 Mo. 410; Mysenburg v. Schlieper, 46 Mo. 209'; Roaché v. Burns, 33 Mo. 319 ; McDonald v. Goolc, 11 Mo. 633. Haeussler had notice of the mechanic’s lien…
1Opinion of the CourtHayden, J.
This is a petition for injunction to restrain the sheriff of *464St. Louis County from selling certain real property under a special execution. ' In June, 1873, William C. Jamison, 'trustee for Ellen Davis, a married woman, and Ellen Davis, to secure indebtedness, conveyed by deed of trust, which, was duly recorded, a lot of ground in the city of St. Louis, on which, at the time of the conveyance, were two three-story brick buildings. On January 29, 1876, Thomas, one of the defendants, being then trustee of the trust, sold the premises, under the terms- of the deed, to the plaintiff. On [February…
2Cases cited13 opinions
- Vogler v. MontgomerySupreme Court of Missouri · 1874
- Pixley v. HugginsCalifornia Supreme Court · 1860
- Doren v. Mayor of New-YorkNew York Court of Chancery · 1842
- Clark v. Covenant Mutual Life InsuranceSupreme Court of Missouri · 1873
- Allen v. SalesSupreme Court of Missouri · 1874
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Herbert & Brooner Construction Co. v. GoldenMissouri Court of Appeals · 1973
- Dugan v. ScottMissouri Court of Appeals · 1889
- Trout's Investments, Inc. v. DavisMissouri Court of Appeals · 1972
- Hall v. Mullanphy Planing Mill Co.Missouri Court of Appeals · 1885
- Hall v. St. Louis Manufacturing Co.Missouri Court of Appeals · 1886
11 more not listed; retrieve them via the Exa API.