Parks v. People's Bank
Missouri Court of Appeals
Appeal from the Jefferson Circuit Court, Hon. .John L. Thomas, Judge. Sales in inmtum are sometimes enjoined on ■the ground of casting a cloud on title, but that reason not set up in this case, nor is it given in the finding of the court.
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Appeal from the Jefferson Circuit Court, Hon. .John L. Thomas, Judge. Sales in inmtum are sometimes enjoined on ■the ground of casting a cloud on title, but that reason not set up in this case, nor is it given in the finding of the court. Even were it claimed, it would not apply here, as the law in this state clearly and unequivocally is, that sheriffs’ sales under execution, of the interest of the execution debtor, will not be enjoined at the suit-of a third person, on the ground that it is his land that-the sheriff is about to sell and not the defendant’s in the" execution, nor for the…
1Opinion of the CourtRombauer, P. J.
This is a bill in equity seeking to restrain the defendant bank, a judgment creditor of Wm. M. Parks, from causing its judgment and execution to be enforced against certain lands formerly the property of said Parks and now the property of the plaintiffs.
The plaintiffs state in their petition that in March, 1885, Wm. M. Parks sold to them for a valuable consideration his interest in certain lands inherited from his father,- and at that time executed and delivered to them memoranda of the sale, but made no formal conveyances of the land until January, 1887; that the defendant bank, in…
2Cases cited22 opinions
- Williams v. MorrisSupreme Court of the United States · 1877
- Vogler v. MontgomerySupreme Court of Missouri · 1874
- Vallé's Heirs v. Fleming's HeirsSupreme Court of Missouri · 1859
- Nichols v. JohnsonSupreme Court of Connecticut · 1834
- Lockwood v. City of St. LouisSupreme Court of Missouri · 1856
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3Cited by6 opinions
- Shy v. LewisSupreme Court of Missouri · 1928
- Swan v. ThompsonMissouri Court of Appeals · 1889
- Murphy v. SimpsonMissouri Court of Appeals · 1890
- Clifton v. AndersonMissouri Court of Appeals · 1890
- Good v. Merkowitz Bros.Missouri Court of Appeals · 1889
1 more not listed; retrieve them via the Exa API.