Finley v. Williamson
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. Kent K. Koerner, Judge. (1) The court erred in ruling that the plaintiff in replevin can recover upon a prior valid title to the property, provided that she can make her prima-faeie case without reference to an intervening illegal transaction by which possession passed to the defendant, notwithstanding that defendant pleads and proves the illegality of the transaction.
Read the full summary
Appeal from the Circuit Court of the City of St. Louis. —Hon. Kent K. Koerner, Judge. (1) The court erred in ruling that the plaintiff in replevin can recover upon a prior valid title to the property, provided that she can make her prima-faeie case without reference to an intervening illegal transaction by which possession passed to the defendant, notwithstanding that defendant pleads and proves the illegality of the transaction. Notes to 9 Cyc. 557; Martin v. Hodge, 47 Ark. 578; Allenback v. Hunseker, 132 Pa. 349; Sawyer v. Sanderson, 113 Mo. App. 233; Standard Furniture Co. v. Van Alstine,…
1Opinion of the CourtAllen, J.
At the last term of this court an opinion herein was handed down, reversing the judgment below and remanding the cause with directions to enter judgment for defendant on the verdict which the court had set aside. Thereafter, on respondent’s motion, we granted a rehearing, and the case has since been reargued and resubmitted.
The action is one in replevin. The petition, filed May 22, 1914, is in the statutory form and alleges that plaintiff is the owner and lawfully entitled to the possession of certain personal property, to-wit, certain household goods, consisting of furniture, carpets,…
2Cases cited13 opinions
- State ex inf. Hadley v. Delmar Jockey ClubSupreme Court of Missouri · 1906
- Roselle v. BeckemeirSupreme Court of Missouri · 1896
- Givens v. Van StuddifordSupreme Court of Missouri · 1885
- United Shoe Machinery Co. v. RamloseSupreme Court of Missouri · 1910
- Sprague v. RooneySupreme Court of Missouri · 1891
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Donovan v. Kansas CitySupreme Court of Missouri · 1943
- Demayo v. LyonsSupreme Court of Missouri · 1948
- Fidelity & Deposit Co. v. Grand Nat. BankDistrict Court, E.D. Missouri · 1933
- Starrett v. PedersenSupreme Court of Minnesota · 1936
- NATIONWIDE TRANSFER LLC, D/B/A NATIONWIDE SETTLEMENT SOLUTIONS, and YOUR TIME SHARE STOPS HERE, LLC, D/B/A AMERICAN SETTLEMENT SERVICES v. NEALLY LAW, LLC, and JOSHUA NEALLYMissouri Court of Appeals · 2023