Livingston v. Allen
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) The law is well settled that, in the absence of a statute to the contrary, where an execution has been levied by the sheriff on personal property of the defendant, anterior to the return day, that the property so levied upon may be sold after the return day of the writ.
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Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) The law is well settled that, in the absence of a statute to the contrary, where an execution has been levied by the sheriff on personal property of the defendant, anterior to the return day, that the property so levied upon may be sold after the return day of the writ. And by the provisions of section 3208, Revised Statutes 1899, the same rule applies to levies upon real estate, where the execution is issued from a court of record in one county and sent to the sheriff of any other county in the State of Missouri. 1 Ereeman on…
1Opinion of the CourtBland, P. J.
The suit is replevin for the recovery of one hundred and thirty-six volumes of Missouri Supreme Court Reports. The answer of defendant admitted possession of the personal property mentioned in the petition and, as an *181affirmative defense, averred that the defendant was the qualified and acting sheriff of Howell county, Missouri, and that as such sheriff he received from the clerk of the circuit court, city of St. Louis, Missouri, an execution issued from the office of said clerk, in favor of the Singer Manufacturing Co. against A. H. Livingston, plaintiff, for the sum of $300, to be satisfied…
2Cases cited2 opinions
- Livingston v. AllenMissouri Court of Appeals · 1900
- Livingston v. AllenMissouri Court of Appeals · 1899