State ex rel. Beazley v. Blundin
Supreme Court of Missouri
Error to Saline Circuit Court. I. There was no error in giving the instructions asked for by the plaintiff below, or in refusing those asked for by defendants. Snyder being unable, on account of the lien, to make Beazley a title to the horse first swapped to him, Beazley had a right to return the horse and take back his mule— the consideration for which he had parted with the mule having failed.
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Error to Saline Circuit Court. I. There was no error in giving the instructions asked for by the plaintiff below, or in refusing those asked for by defendants. Snyder being unable, on account of the lien, to make Beazley a title to the horse first swapped to him, Beazley had a right to return the horse and take back his mule— the consideration for which he had parted with the mule having failed. And as, in the mean time, Snyder had swapped off the mule, Beazley had a right to ratify the latter swap as if made by himself through his agent, and in lieu of his mule take the horse that Snyder…
1Opinion of the CourtDryden, Judge
This was an'action brought by Beazley, in the name of the State, against Blundin and his securities on his official bond as constable of a township in Saline county. Blundin, as constable, had in his hands an execution issued by a justice of the peace against one Snyder. At the time Blundin received the execution, Snyder owned and was in possession of a horse, which, in a day or two afterwards, he swapped to Beazley for Beazley’s mule. The next day, Beazley, learning there were executions in the hands of the constable against Snyder, went to Snyder to effect a rescission of the contract of…
2Cases cited1 opinion
- Brown v. BurrusSupreme Court of Missouri · 1843
3Cited by2 opinions
- Gabriel v. MullenSupreme Court of Missouri · 1892
- Frost v. WilsonSupreme Court of Missouri · 1879