Landrum v. McMinds
Missouri Court of Appeals
Appeal from Circuit Court of Howell County. — Hon. E. P, Dorris, Judge. (1) There is hut one question involved in this case and that is the right of a plaintiff to maintan an action of injunction without any other relief being sought and as the evidence shows in this case that the defendant was in absolute possession- and control of the plant at the time of the institution of this suit claiming an interest therein and that injunction was not the remedy and cannot be…
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Appeal from Circuit Court of Howell County. — Hon. E. P, Dorris, Judge. (1) There is hut one question involved in this case and that is the right of a plaintiff to maintan an action of injunction without any other relief being sought and as the evidence shows in this case that the defendant was in absolute possession- and control of the plant at the time of the institution of this suit claiming an interest therein and that injunction was not the remedy and cannot be maintained, which rule is specifically laid down in High on Injunction, (14 Ed.), page 856, section 900, as decided in the' case…
1Opinion of the CourtBradley, J.
In 1916 defendant installed in the town of Mountain Yiew in Howell county an electric light plant borrowing $1000 from plaintiff at the time for that purpose. Defendant gave plaintiff a chattel mortgage on the plant to secure the note for the $1000. Later defendant incurred other obligations and gave second mortgages on the plant. On May 18, 1918, defendant sold, executed a bill of sale for, and delivered the plant to plaintiff for the recited consideration of $2600, taking up by the sale the $1000 note and other notes against defendant secured by second mortgages which plaintiff had…
2Cases cited6 opinions
- Hamilton-Brown Shoe Co. v. SaxeySupreme Court of Missouri · 1895
- Turner v. StewartSupreme Court of Missouri · 1883
- State ex rel. Jump v. Louisiana, Bowling Green & Ashley Gravel Road Co.Missouri Court of Appeals · 1906
- Hobart-Lee Tie Co. v. StoneMissouri Court of Appeals · 1909
- Graham v. WomackMissouri Court of Appeals · 1900
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3Cited by1 opinion
- Leone v. BilyeuSupreme Court of Missouri · 1951