Stewart v. Stewart
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. John A. Hookaday, Judge. The finding was against the law and the evidence, and for the wrong party. First. Section 4907, Revised Statutes, 1889, makes it the imperative duty of the sheriff to apprise the execution debtor, before making the levy, of his rights to exemptions under sections 4902, 4903, and 4906, and his failure to comply with the mandate of this statute, renders the levy void. Bombs v. Corbin, 20 Mo. App. 497. Second.
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Appeal from the Boone Circuit Court. — Hon. John A. Hookaday, Judge. The finding was against the law and the evidence, and for the wrong party. First. Section 4907, Revised Statutes, 1889, makes it the imperative duty of the sheriff to apprise the execution debtor, before making the levy, of his rights to exemptions under sections 4902, 4903, and 4906, and his failure to comply with the mandate of this statute, renders the levy void. Bombs v. Corbin, 20 Mo. App. 497. Second. That this section is mandatory, see State exrel. v. Beamer, 73 Mo. 37; PaddocJc v. Lance, 95 Mo. 283. Third. A…
1Opinion of the CourtEllison, J.
Plaintiff obtained a judgment against defendants and had an execution issued thereon by the clerk of the circuit court. The sheriff levied upon and sold one acre of land as the property of defendants. Afterward the defendant Stewart filed his motion in the circuit court to set aside the sale aforesaid on the ground that the sheriff had not notified him of his exemptions under sections 4902, 4903, 4906, as required by section 4907, Revised Statutes, 1889, he being the head of a family. The court overruled his motion and he appealed.
It does not appear that Stewart occupied the land as a…
2Cases cited3 opinions
- Stotesbury v. KirtlandMissouri Court of Appeals · 1889
- Alt v. Lafayette BankMissouri Court of Appeals · 1880
- Homes v. CorbinMissouri Court of Appeals · 1886
3Cited by4 opinions
- Davis v. WilliamsonMissouri Court of Appeals · 1897
- Parketon v. PugsLeyMissouri Court of Appeals · 1909
- State ex rel. Woodrome v. FreemanMissouri Court of Appeals · 1913
- Bank of Conception v. O'DonnellMissouri Court of Appeals · 1911