W. A. Brookshire v. Glenn Powell

Action to set aside a sheriff's sale of plaintiff's farm under execution and also the deed made by that officer conveying the premises to the purchasers pursuant to the sale. The defendants are the sheriff, Powell, and the purchasers, Alexander and Carter. The court first entered an interlocutory decree granting, conditionally, the relief sought; but plaintiff declined to comply with the conditions thus imposed, and, in this contingency, as the alternative provided by such interlocutory decree, a final decree was entered which found the issues in favor of defendants, and dismissed plaintiff's petition. From this final decree the latter appeals. We will continue to refer to the parties as styled in the trial court, or, in some instances, by name. The transcript execution under the authority of which the sale in question purports to have been held was issued out of the office of the Circuit Clerk of Laclede County on March 23, 1957. It was based on a judgment of the magistrate court of that county, rendered June 28, 1956, in favor of Raymond York and against Brookshire in the sum of $611.85 and costs. York's action was one to establish and enforce an agistor's lien upon 24 head of Hereford bulls belonging to Brookshire. It was filed in the Magistrate Court of Pulaski County and went on change of venue to Laclede County, where, upon a trial before the magistrate of the latter county, that official, sitting as a jury, rendered judgment against Brookshire for the amount just mentioned, but further found that York had not established his right to the lien prayed for. On the same day, Brookshire filed both a ""notice of,"" and an ""application for"" an appeal to the circuit court. The magistrate ordered that the application be sustained, and granted an appeal, ordering the cause transferred. On July 10, defendant filed his appeal bond in the sum of $700, which was approved by the magistrate on that date.