Bevans v. Bolton
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. This was ail action for the possession of personal property, brought against G. W. Manning, constable of St. Louis township, who, by virtue of executions issued by a justice of the peace in favor of the other defendants, and against James I). Kincaid, had levied upon a slave girl, named Fanny, as the property of said Kincaid.
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Appeal from St. Louis Court of Common Pleas. This was ail action for the possession of personal property, brought against G. W. Manning, constable of St. Louis township, who, by virtue of executions issued by a justice of the peace in favor of the other defendants, and against James I). Kincaid, had levied upon a slave girl, named Fanny, as the property of said Kincaid. The plaintiff claimed title undqr a mortgage deed made by James D. Kincaid and William C. Kincaid, executed at Bowling Green, Pike county, August 4, 1858, by which lands in the counties of Pike and Audrain, together with…
1Opinion of the CourtBates, Judge
This case was heretofore submitted to the court, and an opinion prepared, but no judgment entered. The parties now agree that the opinion shall be filed, and stand as the decision of the court.
Therefore, in accordance with that agreement, and the opinion of Judge Napton, in which Judge Ewing concurred, the judgment below is affirmed,
the other judges concurring: Napton, Judge.
The principal ground upon which the defence in this case rests, is the fact that the deed of trust executed to the plaintiff was not recorded in St. Louis county until a few days after the executions in favor of the…
2Cases cited1 opinion
- Bryson & Hardin v. PenixSupreme Court of Missouri · 1853
3Cited by26 opinions
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
- First Nat. Bank of Buchanan County v. ConnettCourt of Appeals for the Eighth Circuit · 1905
- Hughes v. MenefeeMissouri Court of Appeals · 1888
- Rock Island National Bank v. PowersSupreme Court of Missouri · 1896
- Collins v. WilhoitSupreme Court of Missouri · 1891
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