Haeussler v. Missouri Glass Co.
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The defendant was present at the sheriff’s sale, and by its silence and by letting judgment go,is now estopped from denying plaintiff’s title. (Dolde vs. Yodicka, 49 Mo., 101; Rice vs. Bunce, 49 Mo., 234-5; State to use, &c. Ross vs. Cave, 49 Mo., 131.) cited: Collins vs. Mott, 45 Mo., 100.
1Opinion of the CourtAdams, Judge
This was an action of replevin for various articles of personal property, being tools, implements, moulds &e., for the manufacturing of glass.
The plaintiff claims title by virtue of a sale under a judgment and execution, rendered on a mechanic’s lien; — and the defendant claims title by virtue of a deed of trust, and a sale and purchase thereunder. The sale under the mechanic’s lien would be the better title, if any title at all passed by such sale to this sort of property.
The description in the mechanic’s lien and judgment covered the propety by name, but the difficulty is that such lien…
2Cases cited1 opinion
- Collins v. MottSupreme Court of Missouri · 1869
3Cited by2 opinions
- Goodin v. Elleardsville Hall Ass'nMissouri Court of Appeals · 1878
- Winslow v. BromichSupreme Court of Kansas · 1894