Yantis v. Burdett

• Decision Date: 30 September 1834
• Citation: 3 Mo. 457
• Parties: YANTIS v. BURDETT.
• Court: Missouri Supreme Court

3 Mo. 457

YANTIS

v.BURDETT.

Supreme Court of Missouri.

September Term, 1834.

APPEAL FROM THE CIRCUIT COURT OF LAFAYETTE COUNTY.

TOMPKINS, J.

On the 7th of August, 1832, Yantis filed his bill against Burdett, stating that on the 11th May, 1829, he, together with Benjamin F. Yantis and Joseph P. Letcher, executed their promissory note to said Burdett, the defendant, payable on the 11th November then next, for the sum of one thousand dollars; that sometime thereafter, said Burdett commenced uit against the complainant in the Circuit Court of Garrard county, in the State of Kentucky; and that, at the September term of the said court for the year 1831, judgment was rendered in said suit for the sum due and interest at the rate of six per cent. per year till paid, subject however to a deduction for interest paid till the first day of July, 1831; and that said Burdett then instituted a suit against the complainant in the Circuit Court of Lafayette county, in this State, on the judgment so rendered in Kentucky; and at June term thereof, for the year 1832, had judgment against the complainant for the sum of one thousand dollars debt and fifty-five dollars thirty-eight and a half cents damages. The complainant then alleged that on or about the first day of July, 1831, Benjamin F. Yantis, one of the makers of the promissory note aforesaid, paid the defendant one hundred dollars, for which no credit was given; and that Burdett, the defendant caused to be taken on execution in the State of Kentucky, property in the possession of the complainant, to satisfy the judgment aforesaid, to the amount of about seven hundred and thirty dollars, which property was claimed by one John Buford, who, in compliance with the laws of Kentucky, gave the sheriff, for the use of said Burdett, his bond for the payment of that sum of money, to be paid in the event the property levied on should be found to the complainant; that it was yet unknown to the complainant to whom that property was decided to belong; and that the defendant is now proceeding under the law of Kentucky to make the money, for which the judgment was there obtained as aforesaid; and has actually sold property of the complainant to the amount of fifty dollars, for which no credit is given, and prays an injunction, &c. Burdett, answering, admits the origin of the debt, judgment and proceedings under it in Kentucky, but says that the property levied on was valued at only four hundred and ninety-five dollars; and that he has not yet made any thing from the property so levied on; he admits that the complainant is entitled to a credit of $10 39, the amount of money by him received for property of the complainant sold in Kentucky, to satisfy said judgment. He admits, also, the payment of one hundred dollars, but says that it was applied to the payment of the interest, accured before the judgment in Kentucky. The Circuit Court decreed for the complainant, and made the...