Ray v. Stobbs
Supreme Court of Missouri
Appeal from DeKalb Circuit Court. William Ray obtained a judgment against William Stobbs before a justice of the peace of DeKalb county. A transcript of the judgment was filed in the office of the clerk of the De Kalb circuit court. An execution was issued by said clerk directed to the sheriff of Andrew county. Real estate .belonging to the defendant Stobbs, situate in Andrew county, was levied on and sold under this execution. The defendant was a resident of DeKalb county.
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Appeal from DeKalb Circuit Court. William Ray obtained a judgment against William Stobbs before a justice of the peace of DeKalb county. A transcript of the judgment was filed in the office of the clerk of the De Kalb circuit court. An execution was issued by said clerk directed to the sheriff of Andrew county. Real estate .belonging to the defendant Stobbs, situate in Andrew county, was levied on and sold under this execution. The defendant was a resident of DeKalb county. The plaintiff did not notify the defendant of the issuing of the execution to Andrew county, nor did the defendant have…
1Opinion of the CourtSoott, Judge
We do not consider that the principle of the case of Hobein v. Murphy, 20 Mo. 447 — that a fair purchaser vho had paid the price and received a conveyance could not be affected by a failure of the plaintiff in an execution to cause notice to be served on the defendant in the execution, who was a nonresident of the county in which the land sought to be sold is situated — is applicable to the proceeding before us. (R. 0. 1855, tit. Execution, § 46.) That was an original petition to *37set aside a sale after the transaction was completed. Here the party comes in on the return day of the execution…
2Cases cited1 opinion
- Hobein v. MurphySupreme Court of Missouri · 1855
3Cited by19 opinions
- Young v. SchofieldSupreme Court of Missouri · 1896
- Harness v. CravensSupreme Court of Missouri · 1894
- Jones v. PetersonSupreme Court of Missouri · 1934
- City of St. Louis v. PeckMissouri Court of Appeals · 1959
- State Ex Rel. Ford v. HoganSupreme Court of Missouri · 1930
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