Miles v. Haney
Missouri Court of Appeals
Appeal from Texas County Circuit Court.- — Eon. L. B.c Woodside, Judge. The interpleader was in possession of the property at the time the attachment writ was levied, and the burden was on the plaintiff to show that he held a better title and right of possession than that claimed by the interpleader, whose possession under claim of ownership made a prima-facie case in his favor. Fairbanks-Morse Co. v. Stock Food Co., 151 Mo. App. 260, 263; Bank v. Boyer, 161 Mo.
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Appeal from Texas County Circuit Court.- — Eon. L. B.c Woodside, Judge. The interpleader was in possession of the property at the time the attachment writ was levied, and the burden was on the plaintiff to show that he held a better title and right of possession than that claimed by the interpleader, whose possession under claim of ownership made a prima-facie case in his favor. Fairbanks-Morse Co. v. Stock Food Co., 151 Mo. App. 260, 263; Bank v. Boyer, 161 Mo. App. 143, 156; Pouder v. Colvin, 156 S. W. 483; Merrill Drug Co. v. Lusk, 73 Mo. App. 571, 575. (1) In an interplea the burden is…
1Opinion of the CourtFarrington, J.
On May 5, 1914, respondent, J. S. Miles, commenced an action against L. F. Haney for $147, alleged to be the balance due on the purchase price of a span of mules, by filing his petition and affidavit for attachment in the circuit court of Texas county. On the same day a writ of attachment was delivered to the sheriff who executed it by seizing the span of mules, then in the possession of II. R. Haney, the appellant. In due time,.H. R. Haney filed an inter-plea claiming the mules were his at the time of the levy, and this issue was tried to a jury which returned a verdict in favor of the…
2Cases cited17 opinions
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Graney v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1900
- Metropolitan Lead & Zinc Mining Co. v. WebsterSupreme Court of Missouri · 1906
- McCarty v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Honea v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1912
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3Cited by1 opinion
- State v. GregorySupreme Court of Missouri · 1936