Legal Opinion

Dickason v. Fishes

Supreme Court of Missouri

Decided February 3, 1897PublishedCited by 4 opinions

Appeal from Ralls Circuit Court. — Hon. B. E. Tubneb, Judge. (1) The executions having been issued from the Hannibal court of common pleas, and made returnable to that court, the levy of them on the lands in Ralls county brought said lands, so far as said executions were concerned, under the exclusive jurisdiction of that court. Fisher, by buying at the execution sale, brought himself within that jurisdiction.

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Appeal from Ralls Circuit Court. — Hon. B. E. Tubneb, Judge. (1) The executions having been issued from the Hannibal court of common pleas, and made returnable to that court, the levy of them on the lands in Ralls county brought said lands, so far as said executions were concerned, under the exclusive jurisdiction of that court. Fisher, by buying at the execution sale, brought himself within that jurisdiction. As to all questions, concerning that sale and the application of its proceeds the Hannibal court of common pleas, under whose process the levy and sale were made, had exclusive…

1Opinion of the CourtBurgess, J.

This is an equitable proceeding to enforce a vendor’s lien against certain real estate, or a part of the proceeds or liability therefor, arising from a sheriff’s sale of said property at which defendant was the purchaser, and for which it is alleged his bid was not paid by him, in pursuance of the terms of the sale.

On the second day of February, 1871, Richard Wilton, by deed of general warranty conveyed to David S. Eby, certain lands lying in Ralls county, Missouri, *349containing in all about four hundred and nineteen and twenty-eight hundredths acres. The conveyance was subject to a deed of…

2Cases cited3 opinions

  1. Adams v. CowherdSupreme Court of Missouri · 1860
  2. Sloan v. CampbellSupreme Court of Missouri · 1880
  3. Dickason v. EbySupreme Court of Missouri · 1880

3Cited by4 opinions

  1. Lavin v. LynchMichigan Supreme Court · 1918
  2. Holt v. HanleySupreme Court of Missouri · 1912
  3. Powell v. HunterSupreme Court of Missouri · 1907
  4. West Plains Bank v. EdwardsMissouri Court of Appeals · 1900

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