Walters v. Tielkemeyer
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Yalliant, Judge. A thief can not acquire any title to stolen property, by means of a larceny thereof, and can not, therefore, confer gny title on his vendees.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Yalliant, Judge. A thief can not acquire any title to stolen property, by means of a larceny thereof, and can not, therefore, confer gny title on his vendees. Parish v. Morey, 40 Mich. 417; Breckenridge v. McAfee, 54 Ind. 141; Sharp v. Price, 48 111.' 513; Arrendale v. Morgan, 5 Sneed (Tenn.), 703; Courtis v. Cane, 32 Vt. 232; Barstoio v. Mining Co., 64 Cal. 388; Newmark on Sales, sec. 175; Cobbey’s Rep., see. 410; 2 Black. Com. 449. In replevin for stolen property it is immaterial that the purchaser bought in good faith, for…
1Opinion of the CourtBiggs, J.
This is an action of replevin to recover the possession of one principal note for $2,000, dated January 4, 1894, and maturing January 8, 1897; also two interest notes of $60 each of the same date and due respectively in thirty and thirty-six months; and also a deed of trust on certain real estate which had been given to secure the notes. The notes were signed by Henry Witte and were made payable to the order of Jost Juengel, and were indorsed in blank by Juengel. The suit was instituted on the second day of November, 1896, and the notes and deed of trust were taken from the custody of the…
2Cases cited4 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Murray v. LardnerSupreme Court of the United States · 1865
- Newton v. . PorterNew York Court of Appeals · 1877
- Covill v. Hill & SanfordNew York Supreme Court · 1847
3Cited by1 opinion
- Currey v. Joplin Savings BankMissouri Court of Appeals · 1903