Lockwood v. City of St. Louis, 24 Mo. 20 (Mo. 1856).
Lockwood v. City of St. Louis, 24 Mo. 20 (Mo. 1856). Book View Copy Cite
Positive Treatment Affirmed 1 positive
Lockwood
v.
City of St. Louis
Supreme Court of Missouri.
Oct 15, 1856.
24 Mo. 20
J. Jl. Kasson, for appellants., T. T. Gantt and W. L. Williams, for respondents.
Leonard.
Cited by 57 opinions  |  Published
LEONARD, Judge,

delivered the opinion of the court.

1. This court has allowed relief by injunction in several cases where real property was about to be sold for the nonpayment of taxes assessed by a municipal corporation, but has never allowed it, that I am aware of, to prevent a sale of personal property. The distinction is obvious enough. In one case, a cloud is about to be drawn over a land title, and the court interferes to prevent it; in the other, the legal remedy is full and ample, and no reason exists for the interposition of equity. The present case falls within the previous decisions of this court; but in Deane v. Todd, (22 Mo. 91,) to which we have been referred, the sale sought to be enjoined was of personal property ; and, although the judgment there certainly did not extend the doctrine of this court, as to the relief by injunction, to sales of personal property, it did not disturb the adjudications already made in reference to sales of real property ; no matter what the judges, who concurred in that opinion, may have thought of those decisions as an original question.