Kuhn v. McNeil
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. What is a cloud must generally be determined from an examination of the cases where that matter has been decided. In Morris v. Hogle, 37 111. 150, it was decided that a sale under a void decree was a cloud, and the sale was set aside. In England v. Lewis, 25 Cal. 357, it is decided that a sale under a judgment claimed as a lien, where in law there was no lien, would be a cloud, and such sale was enjoined.
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Appeal from St. Louis Circuit Court. What is a cloud must generally be determined from an examination of the cases where that matter has been decided. In Morris v. Hogle, 37 111. 150, it was decided that a sale under a void decree was a cloud, and the sale was set aside. In England v. Lewis, 25 Cal. 357, it is decided that a sale under a judgment claimed as a lien, where in law there was no lien, would be a cloud, and such sale was enjoined. In Pettit v. Shepherd, 5 Paige’s Ch. 501, an attempted sale under a judgment claiming a lien where none existed in law, was restrained. In Lyon v. Hunt,…
1Opinion of the Court
Currier, Judge,
delivered.the opinion of the court.
The plaintiff claims to be the owner in fee of the premises described in the petition. He avers that the defendant McNeil, as sheriff, has levied upon the premises, and that he is about to sell them upon an execution^ against a third party who has no title or interest in the property. An injunction is asked upon the ground that .the threatened sale, if proceeded with to its consummation, will cloud the plaintiff’s title.
I see nothing in the case to distingdish it in principle from Drake v. Jones, 27 Mo. 428. The opinion in the case referred to…
2Cases cited1 opinion
- Drake v. JonesSupreme Court of Missouri · 1858
3Cited by11 opinions
- McPike v. PenSupreme Court of Missouri · 1872
- Haeussler v. ThomasMissouri Court of Appeals · 1877
- Witthaus v. Washington Savings BankMissouri Court of Appeals · 1885
- Parks v. People's BankMissouri Court of Appeals · 1888
- Payne v. Daviess County Savings Ass'nMissouri Court of Appeals · 1907
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