Bick v. Carter
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. Jas. D. Barnett, Judge. . (1) Mrs. Vaughn was a stranger to the record and the court erred in entertaining her motion to quash levy and vacate sale of her property. The court cannot in this manner try title to property. Oope v. Snider, 99 Mo. App. 501; State ex rel. y.
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Appeal from Audrain Circuit Court. — Hon. Jas. D. Barnett, Judge. . (1) Mrs. Vaughn was a stranger to the record and the court erred in entertaining her motion to quash levy and vacate sale of her property. The court cannot in this manner try title to property. Oope v. Snider, 99 Mo. App. 501; State ex rel. y. Clyners, 81 Mo. 122; Hoover v. Railroad, 115 Mo. 81; Stove Co. v. Butler, 121 Mo. 638; Gay v. Orcutt, 169 Mo. 407. (2) The original judgment having been entered on January 22, 1894, it was controlled by the twenty year statute. R. S. 1889, sec. 9296; Laws of 1895, p. 201; 51 Mo. App.…
1Opinion of the CourtGoode, J.
This is an appeal from an order sustaining a motion to quash an execution. The judgment on which the execution was issued was recovered by plaintiff against defendant January 22, 1894, before a justice of the peace, and was for $85. Said judgment was revived November 9,1903, and subsequently a transcript- of the revived and renewed judgment was filed in the office of the circuit clerk of Monroe county. An execution was taken out on this transcript and levied on ■three lots in the city of Paris, Missouri, and on another parcel of ground in said city. The levy was made August 3,1905, and a sale…
2Cases cited9 opinions
- Brown v. WoodySupreme Court of Missouri · 1877
- F. G. Oxley Stave Co. v. Butler CountySupreme Court of Missouri · 1894
- Wernecke v. WoodSupreme Court of Missouri · 1874
- State ex rel. Carter v. ClymerSupreme Court of Missouri · 1883
- Ryans v. BoogherSupreme Court of Missouri · 1902
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