513.085. Execution to be lien, when. - Missouri Statutes

Execution to be lien, when.

513.085. No execution prior to the levy thereof shall be alien on any goods, chattels or other personal property, or therights or shares in any stock, or any real estate to which thelien of the judgment, order or decree does not extend; andwhenever an execution shall be levied upon real estate, not thencharged with the lien of the judgment, order or decree upon whichsuch execution issued, it shall be the duty of the officer makingsuch levy immediately to file with the recorder of deeds of thecity or county in which such real estate is situated a notice ofsuch levy, showing the date and style of the execution, the dateof levy, the amount of the debt and costs, and a description ofthe real estate levied upon, which shall be recorded and indexedin a separate volume by the recorder, in the same manner thatdeeds to real estate are required to be recorded and indexed in aseparate volume, and the recording fee therefor shall be chargedand collected as other costs; and the failure of said officer tofile said notice, as required by this chapter, shall be a breachof his official bond, and any person injured by the failure ofthe sheriff to file said notice shall have a right of action onsaid bond.

(RSMo 1939 § 1343)

Prior revisions: 1929 § 1179; 1919 § 1630; 1909 § 2199