Section 2.18 Generally

• Library: Creditors' Remedies (2009 Ed. + 2014 Supp)

1. (§2.18) Generally

Prior liens are not affected by the execution sale of property. The purchaser takes the property subject to the lien and acquires only those rights that the judgment debtor had at the time of the levy. In State ex rel. Rueseler Motor Co. v. Klaus, 281 S.W.2d 543 (Mo. App. E.D. 1955), when the property was subject to a common-law possessory lien for automobile repairs, the purchaser acquired no right to possession because the judgment debtor had no right to possession until he...