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Rhea v. Smith, 274 U.S. 434 (1927)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Rhea v. Smith, 274 U.S. 434 (1927)
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Rhea v. Smith No.199 Submitted March 4, 1927 Decided May 31, 1927 274 U.S. 434
CERTIORARI TO THE SUPREME COURT
OF THE STATE OF MISSOURI
Syllabus
1. In the absence of a state law providing conformity between liens of judgments of the federal district court and of judgments of the state courts of general jurisdiction of the first instance, as contemplated by the Act of Congress of August 1, 1888, a judgment of the federal district court is a lien on all lands of the judgment debtor within that court’s territorial jurisdiction. P. 441.
2. A Missouri statute by which the judgment of a state circuit, county, or probate court is a lien upon the real estate of the judgment debtor in the county for which the court is held, but by which a judgment of the federal district court is a lien on property in the county in which it is rendered only if a transcript thereof be filed in the office of the clerk of the state circuit court, does not comply with the Act of Congress of August 1, 1888, supra, even though the lien of the federal judgment, upon the filing of the transcript, relate back to the date of rendition, and notwithstanding that the condition as to filing transcripts applies also to the judgments of the supreme and other appellate courts of the state. Pp. 441, 444.
308 Mo. 422 reversed.
Certiorari (269 U.S. 544) to a judgment of the Supreme Court of Missouri which affirmed a judgment in favor of Smith, defendant in a suit brought by Rhea to determine title and in ejectment, concerning land which Rhea claimed under sales made in execution of a money judgment recovered in the federal court against a former owner from whom Smith also claimed title through a conveyance made after that judgment but before the execution sales.
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Chicago: U.S. Supreme Court, "Syllabus," Rhea v. Smith, 274 U.S. 434 (1927) in 274 U.S. 434 274 U.S. 435. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=7IQHKQ3VL65B2BX.
MLA: U.S. Supreme Court. "Syllabus." Rhea v. Smith, 274 U.S. 434 (1927), in 274 U.S. 434, page 274 U.S. 435. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=7IQHKQ3VL65B2BX.
Harvard: U.S. Supreme Court, 'Syllabus' in Rhea v. Smith, 274 U.S. 434 (1927). cited in 1927, 274 U.S. 434, pp.274 U.S. 435. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=7IQHKQ3VL65B2BX.
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