Finley v. Barker
Supreme Court of Missouri
Appeal from Jackson Circuit Cowrt. — Hon. John W. Henry, Judge. (1) The statutes of Missouri, exempting from execution certain property and giving to debtor right of election to select certain property in lieu, and commanding officer, “before he levy upon same,” to apprise debtor of Ms exemption rights, are plainly set forth in sections 2343, 2346 and 2347 of Revised Statutes of 1879, and no purchaser can be an innocent purchaser at any sheriff’s sale made contrary to such…
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Appeal from Jackson Circuit Cowrt. — Hon. John W. Henry, Judge. (1) The statutes of Missouri, exempting from execution certain property and giving to debtor right of election to select certain property in lieu, and commanding officer, “before he levy upon same,” to apprise debtor of Ms exemption rights, are plainly set forth in sections 2343, 2346 and 2347 of Revised Statutes of 1879, and no purchaser can be an innocent purchaser at any sheriff’s sale made contrary to such ■statutes, for they are notice to the world; and, if he purchase under a levy made in contravention of these statutes, he…
1Opinion of the CourtBarclay, J.
This is an action of ejectment for a ■ piece of land in Kansas City, Missouri.
Defendant was the owner of the lot when a judgment was obtained December 28, 1885, against him by a Mr. Lovitt under which it was sold on execution, May 15, 1888. The judgment creditor purchased it for $100, and received the sheriff’s deed therefor.
In August, 1888, the purchaser made a ‘‘ quitclaim” conveyance of the property to plaintiff, who brought this action, September 15, 1888.
The defense goes on the theory that no title passed by the execution sale, because the sheriff, before levying the execution, did not…
2Cases cited1 opinion
- Alt v. Lafayette BankMissouri Court of Appeals · 1880
3Cited by5 opinions
- In re WhiteDistrict Court, W.D. Missouri · 1901
- Irondale Bank v. TerrillMissouri Court of Appeals · 1909
- Davis v. WilliamsonMissouri Court of Appeals · 1897
- Parketon v. PugsLeyMissouri Court of Appeals · 1909
- Chance v. NorrisSupreme Court of Missouri · 1898