Williams v. Youtsey
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Now. Henry L. Bright, Judge. (1) It is not essential that the property be moved to another place; but there must be some open, notorious or visible act, such as taking an invoice, and when this is done title is passed. Claflin v. Rosenburg, 42 Mo. 439; Mills v. Thompson, 72 Mo. 367; Harmon v. Morris, 28 Mo.
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Appeal from Jasper Circuit Court. — Now. Henry L. Bright, Judge. (1) It is not essential that the property be moved to another place; but there must be some open, notorious or visible act, such as taking an invoice, and when this is done title is passed. Claflin v. Rosenburg, 42 Mo. 439; Mills v. Thompson, 72 Mo. 367; Harmon v. Morris, 28 Mo. App'. 326. (2) Where defendant in replevin sought to impeach the sale of property by the debtor to plaintiff on the ground of fraud, the burden of proving fraud is upon him. Hald enrían v. Stillington, 63 Mo. App. 212; Moss v. Pitch, 111 S. W. 475;…
1Opinion of the CourtCox, J.
Action in replevin for possession of one span of mules, one traction engine and boiler, one keystone drill jack, number four, together with a lot of other tools used by a mining prospector in drilling for ore. The defendant claims also to be the owner of the property and both plaintiff and defendant claim title through the same party, to-wit: One Frank Williams who is a son of George W. Williams, deceased, and brother of plaintiff in this case. Trial by jury, and at the close of plaintiff’s testimony a premptory instruction was given to the jury to find for defendant, whereupon the plaintiff…
2Cases cited1 opinion
- Reynolds v. BeckMissouri Court of Appeals · 1904
3Cited by1 opinion
- Mound City Finance Co. v. FrankMissouri Court of Appeals · 1947