Mohr v. Langan
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. Transferred to supreme court. The possession of Smith as plaintiff in replevin “gave her no right or authority whatever to sell or dispose of the goods.” A plaintiff in replevin, obtaining possession through the writ and bond, acquires no title through such possession. He becomes merely a custodian pending the suit and for the purposes of the suit only.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. Transferred to supreme court. The possession of Smith as plaintiff in replevin “gave her no right or authority whatever to sell or dispose of the goods.” A plaintiff in replevin, obtaining possession through the writ and bond, acquires no title through such possession. He becomes merely a custodian pending the suit and for the purposes of the suit only. The property, whether in the hands of the officer or a bonding plaintiff, remains “in custodia legis.” Cobby on Replevin, sec. 705, p. 374; Hawkins v. Taylor, 15 Mo.…
1Opinion of the CourtBond, J.
Plaintiff sued William O. Langan and R. U. Leonori, Jr., for the conversion of certain household goods claimed by plaintiff. The allegation of the petition as to the conversion being, to wit: “And the plaintiff further says that the defendants then and there did aid, abet, assist, encourage and countenance the said Smith in said wrongful conversion of said property.” The defendants filed separate *487answers of a general denial. On the trial plaintiff dismissed as to R. U. Leonori. The evidence adduced by plaintiff tended to prove that she was the defendant in a replevin suit instituted by Mrs.…
2Cases cited7 opinions
- Bruner v. DyballIllinois Supreme Court · 1866
- Waverly Timber & Iron Co. v. St. Louis Cooperage Co.Supreme Court of Missouri · 1892
- Donohoe v. McAleerSupreme Court of Missouri · 1866
- Smith v. MohrMissouri Court of Appeals · 1895
- Coen v. WatkinsMissouri Court of Appeals · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Watkins v. Siler Logging Co.Washington Supreme Court · 1941
- Blackwell v. Laird and LairdMissouri Court of Appeals · 1942
- Atchison, T. & S. F. Ry. C. v. A. B. C. Fireproof Warehouse Co.Court of Appeals for the Eighth Circuit · 1936