75 Mo. 460 | Mo. | 1882
Plaintiff sues as the administrator of the estate of Jacobs & Kelly ; and in his petition alleges that in April, 1866, he, as administrator of Jacobs & Kelly, obtained a judgment against John Yelton in the Johnson circuit court .for $2,554.79, and in May following on an execution issued on said judgment, realized about $1,268:
The answer denies all the allegations except that Sally Soper has the legal title to the land, and alleges that Francis M. Cockrell, William Cornetz and William Zoll purchased all the right, title and interest in and to the judgment in favor of Zoll, as administrator, and are the-real parties in interest, and that plaintiff ought not to-maintain this action. By his replication, this allegation is-denied by plaintiff. The court on hearing the cause made a decree, adjudging that the judgment aforesaid was a lien on the land, and that the land be- sold to satisfy the balance-due on the judgment, and that out of the proceeds the sheriff should first satisfy the costs of this suit, and then pay to plaintiff the balance due on the judgment with ten per cent interest thereon from the 7th day of September,. 1866.