Finley v. Caldwell
| Decision Date | 30 April 1825 |
| Citation | 1 Mo. 512 |
| Parties | FINLEY AND BRYSON, ADM'RS OF BRYSON, v. CALDWELL. |
| Court | Missouri Supreme Court |
Easton, on behalf of the state, moved the Circuit Court of Pike county to set aside the execution in this case, for irregularity. The court overruled the motion, and in a bill of exceptions to this opinion, these facts are preserved: that Caldwell confessed the judgment in this case to the plaintiffs, before the Clerk of the Circuit Court of Pike county, on the 15th of October, 1821. That Caldwell died in the latter part of January, 1822; that letters of administration were granted 24th March, 1822, to James Jones and Elizabeth Caldwell, and no execution had then been issued against Caldwell on that judgment; that on the first Monday in February, 1823, the plaintiffs got judgment against Jones and Caldwell, administrators, in the County Court of Pike county, for the same sum of money above mentioned, and that said plaintiffs issued the execution now in question on the 15th December, 1823; that the State of Missouri, on the second Monday in April, 1823, obtained judgment against the administrators of said Caldwell, for $773.76 3/4, and that executions were issued on said judgment, first, on the 25th April, 1823, and on the 23d December, 1823, and certain monies were made on them by the sale of real property. The judgment obtained by the State against Caldwell's administrators, was for monies due from him in character of collector of taxes before the judgment was confessed; the estate of Caldwell is not sufficient to pay his debts, and the attorney for the State insists it ought to be first paid. That the second judgment in the County Court merged the first, and that execution could not regularly issue before judgment had been revived by sci. fa.
These two last points are thought untenable by the whole court. The law forbids the issuing of an execution against the lands of a deceased person in less than eighteen months after the administration is granted; there can then arise no presumption of payment to make a sci. fa. necessary. A majority of the court thinks the judgment confessed before the Clerk of the Circuit Court to be legal, and that it is such a lien on the lands of the deceased as not to be divested by the right the State claims of having her claims first satisfied on the death of the debtor.(a) The court is of opinion, that it is not the intention of the Legislature to take from the creditor, on the death of the debtor, the right...
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First National Bank of Kansas City v. White
... ... clerk without knowledge of the court. A slight recognition of ... such a judgment in this State is found in Finley v ... Caldwell, 1 Mo. 512, but this was evidently under ... statute. Vide , Holmes v. Carr & Co., 1 Mo. 56 ... Such ... ...
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Ewing v. Taylor
...Carr for defendant in error, cited in argument 1 Wag. Stat., § 1 p. 101; 2 Wag. Stat., § 1, p. 1051; Townsend v. Cox, 45 Mo. 401; Finley v. Caldwell, 1 Mo. 512; Manning v. Hogan, 26 Mo. 570; Humphreys v. Lundy, 37 Mo. 320; Sublett v. Nelson, 38 Mo. 487; Kerr's Admr. v. Wimer's Admr., 40 Mo.......
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Tice v. Fleming
...during which the temporary injunction was in force, ten years had not elapsed since the cause accrued. R. S. 1889, sec. 6787; Findley v. Caldwell, 1 Mo. 512. (2) Section Revised Statutes 1889, is highly equitable and allows full compensation for improvements. Dothage v. Stuart, 35 Mo. 254; ......
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First Nat. Bank of Kansas City v. White
...were entered by the clerk without knowledge of the court. A slight recognition of such a judgment in this state is found in Finley et al. v. Caldwell, 1 Mo. 512, but this was evidently under statute. Vide Holmes et al. v. Carr & Co., 1 Mo. 56. Such warrants of attorney, at common law, were ......