Section 43 Enforcement of Decree

LibraryMechanics Liens 2015

6. (§43) Enforcement of Decree

The equitable decree can be enforced by sale through a special commissioner appointed by the court or, as is more usual, by the sheriff. Section 429.340, RSMo 2000. W.H. Powell Lumber Co. v. Federal Land Bank Ass’n of Mountain Grove-Rolla, 561 S.W.2d 700 (Mo. App. S.D. 1978), is illustrative of the care that must be taken with respect to the entering of a judgment and decree in a mechanic’s lien case. In Powell, executions to enforce a judgment were quashed because a personal...

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