Browning v. Randol
Missouri Court of Appeals
Appeal from the Gape Girardeau Circuit Court. — Hon. Henry O. Riley, Judge. “A party claiming a lien, as by mortgage, on property taken in replevin, will be allowed to intervene and set up his claim. Cobb, on Replev., sec. 444, p. 2.35; Albright v. Brown, 23 Neb. 136, 33 N. W. Rep. 297. In replevin all parties having an interest in the subject-matter in controversy may be made parties plaintiff or defendant on the order of the court.
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Appeal from the Gape Girardeau Circuit Court. — Hon. Henry O. Riley, Judge. “A party claiming a lien, as by mortgage, on property taken in replevin, will be allowed to intervene and set up his claim. Cobb, on Replev., sec. 444, p. 2.35; Albright v. Brown, 23 Neb. 136, 33 N. W. Rep. 297. In replevin all parties having an interest in the subject-matter in controversy may be made parties plaintiff or defendant on the order of the court. Burle v. Burch, 21 Neb. 702, 33 N. W. Rep. 297. See, also, Bosenberg v. Solomon, 114 N. Y. 92, 38 N. E. Rep. 982. This question does not seem to have been…
1Opinion of the CourtBiggs, J.
The defendant Randol, as sheriff, levied upon certain goods as the property of Edward Hicks. The plaintiffs replevied them from Randol. By leave of court the appellant filed in said cause what his attorneys denominate an interplea, in which he claimed to be the sole owner of the goods. On motion of the plaintiffs this paper was stricken from the files. From the order sustaining the motion Hilig appealed.
Replevin: interplea. There is no statute in this state authorizing an adverse claimant of property to interplead in a replevin suit, and no case can be found which supports such a doctrine in…
2Cases cited3 opinions
- Hathaway v. FoySupreme Court of Missouri · 1867
- Boyer v. HamiltonMissouri Court of Appeals · 1886
- Kortjohn v. SeimersMissouri Court of Appeals · 1888
3Cited by5 opinions
- State Ex Rel. Fischer v. VoriesSupreme Court of Missouri · 1933
- State ex rel. Kendrick v. HudsonMissouri Court of Appeals · 1901
- Skinner v. City of SlaterMissouri Court of Appeals · 1911
- Addison v. Dent County Savings BankMissouri Court of Appeals · 1920
- Charlesworth v. JacobMissouri Court of Appeals · 1930