Buddington v. Mastbrook
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Ltjbke, J. Possession is sufficient to enable one to maintain trover against any one except the rightful owner.— Vanzant v. Hunter, 1 Mo. 71; Tu/rleg v. Tucker, 6 Mo. 583 ; Sparks v. Purdy, 11 Mo. 222; McCandless v. Moore, 50 Mo. 511; Parker v. Rodes, 79 Mo. 91. After condition broken the title of mortgaged property is with the mortgagee. — Lacy v. Qiboney, 36 Mo. 320; Bowens v. Benson, 57 Mo. 26.
1Opinion of the CourtThompson, J.
This was in the nature of an action of trover, commenced before a justice of the peace, to recover damages for the conversion of a chattel. The plaintiff was the mortgageor of a chattel, in possession thereof with the consent of the mortgagee, though after condition broken. The defendant, a stranger to the mortgage, seized upon and converted the chattel, and the plaintiff brought this action for damages. The court nonsuited the plaintiff.
The only question for decision is whether the mortgageor of a chattel, after condition broken, but before the mortgagee has taken or demanded possession, may…
2Cases cited14 opinions
- Wright v. TinsleySupreme Court of Missouri · 1860
- Parker v. RodesSupreme Court of Missouri · 1883
- Lacey v. GiboneySupreme Court of Missouri · 1865
- Snider v. Adams Express Co.Supreme Court of Missouri · 1883
- Hickey v. HazardMissouri Court of Appeals · 1877
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Smith v. CowenMissouri Court of Appeals · 1961
- Golden v. MooreMissouri Court of Appeals · 1907
- Logan v. Wabash Western Railway Co.Missouri Court of Appeals · 1890
- Cook v. SmithMissouri Court of Appeals · 1918
- Bigler v. LeonoriMissouri Court of Appeals · 1903
2 more not listed; retrieve them via the Exa API.