Parks v. People's Bank

• Decision Date: 18 February 1889
• Citation: 97 Mo. 130,11 S.W. 41
• Parties: PARKS et al. v. PEOPLE'S BANK et al.
• Court: Missouri Supreme Court

11 S.W. 41

97 Mo. 130

PARKS et al. v. PEOPLE'S BANK et al.

Supreme Court of Missouri.

February 18, 1889.

EQUITY — EXECUTION — INJUNCTION.

1. Equity will, at the suit of persons holding the complete equitable title to land, restrain as to their estate the levy of an execution issued on a judgment against the person holding the legal title.

2. Plaintiffs, in such case, have no adequate remedy at law, since the sheriff's deed would cloud their title, though they might show the facts as an equitable defense in ejectment.

Certified case from St. Louis court of appeals.

Petition by Charles W. Parks and others against the People's Bank and others, for injunction and general relief. Decree for plaintiffs in circuit court, Jefferson county. Defendants appeal.

Joseph T. Tatum and Thomas & Horine, for appellants. James J. Williams, for respondents.

BARCLAY, J.

This is a proceeding in equity for an injunction and general relief. The material facts in the petition are that the defendant bank recovered a judgment against one William Parks; that plaintiffs long before had acquired from the latter the equitable title to certain lands, by paying for them under a contract for their purchase, and taking possession; that after the bank's judgment, and levy under it on said lands, the execution debtor made deeds to plaintiffs in accordance with his prior contract; that the bank had caused the lands to be advertised by the sheriff for sale under its judgment and levy, and would have them sold and thus conveyed unless restrained, etc. The answer was a general denial, (with certain admissions,) and further averments that "the lien of said judgment attached to said land prior to the acquirement by plaintiffs of any legal interest or lien; that the bank is solvent; that before rendition of said judgment said William was the legal owner of said land, and any right or claim of plaintiffs thereto was entirely unknown to the bank; that said judgment was upon a promissory note executed by said William and others, purchased by the bank before maturity, with the information and belief that said William Parks had fee-simple in said land, unincumbered by any liens or claims, with reliance upon said belief; that the neglect and laches of the plaintiffs lulled said bank into said belief that the land was good for said note and judgment," and charges fraud upon the part of plaintiffs and said William. The reply put in issue the new matter in the answer. On a hearing the court perpetually enjoined the sale of the interest and estate acquired by plaintiffs in said lands from the judgment debtor as above indicated. Defendants appealed to the St. Louis court of appeals, where the decree was affirmed, but the cause was certified here on a division of opinion.

1. It will be observed that when the judgment in favor of the bank was rendered, plaintiffs' title to the lands in...