Peake v. Cameron
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. M. G. McGregor, Judge. (1) The attachment by Garrett & Gilliland, as soon as levied, became a specific lien, with the same effect as if the title had not been taken in the name of Green’s wife.
Read the full summary
Appeal from Jasper Circuit Court. — Hon. M. G. McGregor, Judge. (1) The attachment by Garrett & Gilliland, as soon as levied, became a specific lien, with the same effect as if the title had not been taken in the name of Green’s wife. Drake on Attachment [6 Ed.] sec. 239 ; McKinney v. Bank, 104 111. 180 ; Slattery v. Jones, 96 Mo. 216. The deed and title acquired by Gaither at the execution sale related back to the levy of attachment and cut out all intervening liens, including the Peake attachment. Durrett v. Hules, 67 Mo. 201; Bank v. Marnard, 51 Mo. 548; Hall v. Stephens, 65 Mo. 670;…
1Opinion of the CourtSherwood, P. J.
— Ejectment brought in 1886 for a lot in Carthage. The separate answers of the defendants were general denials. Cameron, one of the defendants, was in possession of the lot at the time of suit brought, as tenant of Gaither, who was made a party defendant on his own motion.
The salient facts in which this litigation arose are as follows :
One McGregor conveyed the lot in controversy to one Mary Green, wife of H. P. Green. This conveyance was made May 21, 1881, and recorded June 2, next thereafter. This conveyance was made at the instance of the husband, the purchase money being furnished by him,…
2Cases cited5 opinions
- Vogler v. MontgomerySupreme Court of Missouri · 1874
- Dreutzer v. BellWisconsin Supreme Court · 1860
- Orr v. ShraftMichigan Supreme Court · 1871
- Crane v. Waggoner & WifeIndiana Supreme Court · 1870
- Phillips v. CooperMississippi Supreme Court · 1874
3Cited by12 opinions
- Clark v. ThiasSupreme Court of Missouri · 1903
- Beall v. PinckneyCourt of Appeals for the Fifth Circuit · 1945
- Karsznia v. KelseySupreme Court of Missouri · 1953
- St. Louis Brewing Ass'n v. HowardSupreme Court of Missouri · 1899
- New Madrid Banking Co. v. BrownSupreme Court of Missouri · 1901
7 more not listed; retrieve them via the Exa API.