United States v. 52.11 ACRES OF LAND, ETC., 767

• Decision Date: 03 July 1947
• Docket Number: 805,874.,No. 767,807,767
• Citation: 73 F. Supp. 820
• Parties: UNITED STATES v. 52.11 ACRES OF LAND IN ST. CHARLES COUNTY, MO., et al. (GLOBE INDEMNITY CO., et al., Interveners). SAME v. CERTAIN LAND IN ST. CHARLES COUNTY, MO., et al. (GLOBE INDEMNITY CO., et al., Interveners). (Three cases).
• Court: U.S. District Court — Eastern District of Missouri

73 F. Supp. 820

UNITED STATES v. 52.11 ACRES OF LAND IN ST. CHARLES COUNTY, MO., et al. (GLOBE INDEMNITY CO., et al., Interveners).

SAME v. CERTAIN LAND IN ST. CHARLES COUNTY, MO., et al. (GLOBE INDEMNITY CO., et al., Interveners). (Three cases).

Nos. 767, 805, 807, 874.

District Court, E. D. Missouri, E. D.

July 3, 1947.

Lathrop, Crane, Sawyer, Woodson & Righter and Winston H. Woodson, all of Kansas City, Mo., for intervenor Globe Indemnity Co.

Harry C. Blanton, U. S. Dist. Atty., of Sikeston, Mo., for plaintiff.

MOORE, District Judge.

Findings of Fact.

The Court finds the facts in each of the above-entitled cases as follows:

1. That in each of these cases the following respective sums of money are in the registry of this court:

Case No. 767—$1,600.

Case No. 805—$1,582.56

Case No. 807—$ 225.

Case No. 874—$ 600.

The sum total is $4,007.56 and constitutes 5% of the amount of money which the plaintiff (condemnor) paid into the registry of this court for the account of the defendant landowners in satisfaction of their respective judgments for the taking of their land. As shown by the prior orders of this court, this 5% represents the indebtedness of the defendant landowners to R. Newton McDowell under the provisions of their respective contracts with the plaintiff, which contracts have been given effect as stipulations for agreed condemnation verdicts herein, and on that account has been withheld in the registry of this court for distribution to R. Newton McDowell's creditors, who, with the Court's permission, have filed their intervening petitions, subject, however, to their rights of priority.

2. That all of the intervening claims have been disposed of except those of Globe Indemnity Company and the United States of America for and in its behalf and for the Collector of Internal Revenue for the 6th Collection District of Missouri.

3. That on March 24, 1941, Globe Indemnity Company, intervenor herein, obtained in the Circuit Court of Jackson County, Missouri, at Kansas City, a judgment in the amount of $4,406.62 and court costs against defendant R. Newton McDowell, on his personal promissory note, which judgment was affirmed by the Kansas City Court of Appeals on February 16, 1942 (see Globe Indemnity Company v. McDowell, Mo.App., 159 S.W.2d 822); that said principal sum of $4,406.62, as provided by Section 3228, Mo.R.S.1939, Mo. R.S.A., bears interest at the rate of 6% from March 24, 1941, and the court costs amount to $68.70; that no part of said judgment, interest or costs has been paid or satisfied, and Globe Indemnity Company has continuously been and is now the owner of said judgment. Therefore, the total amount of Globe Indemnity Company's claim as of July 1, 1947, is $6,132.89 and consists of the original judgment in the amount of $4,406.62 plus 6% interest thereon to July 1, 1947, in the amount of $1,657.57, and plus $68.70 court costs.

4. Globe Indemnity Company, in order to collect its judgment, had the Clerk of the Circuit Court of Jackson County, Missouri, at Kansas City, to issue a general execution on September 22, 1942, in its case against R. Newton McDowell and had issued and caused to be served on the landowners who are defendants in the above condemnation cases summonses of garnishment returnable to the November, 1942, term of the Circuit Court of Jackson County, Missouri, at Kansas City. The landowners who are defendants in cases Nos. 805 and 807 were served with said summonses of garnishment on September 24, 1942, and the landowners who are defendants in cases Nos. 767 and 874 were served with said summonses of garnishment on September 25, 1942. Globe Indemnity Company on November 10, 1942, at the November, 1942, term of said court, duly and timely filed its separate written interrogatories directed to each of said landowner garnishees; and the landowners who are defendants in case No. 807 duly and timely filed their answers to said interrogatories on November 17, 1942; and the landowners who are defendants in cases Nos. 767 and 874 duly and timely filed their answers to said interrogatories on December 7, 1942; and the landowners who are defendants in case No. 805 duly and timely filed their answers to said interrogatories on December 27, 1942. Other pleadings were filed in said case at Kansas City which are not material to the decision herein.

5. Thereafter on March 21, 1945, Globe Indemnity Company had general execution issued and caused like summonses of garnishment, returnable to the May, 1945, term of the Circuit Court of Jackson County, Missouri, at Kansas City, to be served on the same landowners. The landowners who are defendants in cases Nos. 805 and 807 were served with said summonses of garnishment on March 27, 1945; and the landowners who are defendants in case No. 874 were served with said summonses on March 31, 1945; and the landowners who are defendants in case No. 767 were served with said summonses on April 2, 1945. Globe Indemnity Company, on May 14, 1945, at the May, 1945 term of said court, duly and timely filed its separate written interrogatories directed to each of said landowner garnishees; and the landowners who are defendants in case No. 767 duly and timely filed their answers to said interrogatories on May 21, 1945; and the landowners who are defendants in case No. 807 duly and timely filed their answers to said interrogatories on May 29, 1945; and the landowners who are defendants in cases Nos. 805 and 874 duly and timely filed their answers to said interrogatories on May 31, 1945. Other pleadings...