State ex rel. Woodrome v. Freeman
Missouri Court of Appeals
Appeal from Greene County Circuit Court.—Hon. Guy D. Kirby, Judge. (1) Before equity in tlie property can become specifically exempt, appellant must claim it as such before tbe sale or execution of tbe deed by tbe sheriff. In this case appellant did that; therefore the sheriff is liable for proceeding with the sale after notice' of her exemptions. This is true even though the purported deed was intended as a mortgage, or the property was transferred to defraud creditors.
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Appeal from Greene County Circuit Court.—Hon. Guy D. Kirby, Judge. (1) Before equity in tlie property can become specifically exempt, appellant must claim it as such before tbe sale or execution of tbe deed by tbe sheriff. In this case appellant did that; therefore the sheriff is liable for proceeding with the sale after notice' of her exemptions. This is true even though the purported deed was intended as a mortgage, or the property was transferred to defraud creditors. In' either event appellant owned the equity. Guinan v. Donnell, 201 Mo. 212, and cases cited; Tapley v. Ogle, 162 Mo. 190.…
1Opinion of the CourtSturgis, J.
—This is a suit against the sheriff of Greene county, Missouri, and the sureties on his official bond for damages growing out of the failure of the sheriff to notify the appealing relator of her exemptions as required by section 2184, Revised Statutes 1909, before levying an execution against her, and for failure to allow to the relator, on her claim being made to the sheriff after such levy, as exempt from execution, against her, a certain town lot in Springfield, Missouri, which was levied upon and subsequently sold by said sheriff. A jury being waived, the case was tried by the court, who…
2Cases cited14 opinions
- Charles v. WhiteSupreme Court of Missouri · 1908
- Guinan v. DonnellSupreme Court of Missouri · 1907
- Stotesbury v. KirtlandMissouri Court of Appeals · 1889
- Alt v. Lafayette BankMissouri Court of Appeals · 1880
- Homes v. CorbinMissouri Court of Appeals · 1886
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3Cited by2 opinions
- Dancer v. ChenaultMissouri Court of Appeals · 1975
- Poplar Bluff Trust Co. v. Bates.Missouri Court of Appeals · 1930