Prank v. Playter
Supreme Court of Missouri
Appeal from Jackson Special Law and Equity Court. — Hon. R. E. Cowan, Judge. The gist of the action of replevin is the wrongful detention, and this relates to the time of the commencement of the action. Brown v. Holmes, 13 Kas. 491; Gray v. Parker, 38 Mo. 165 ; Barksdale v. Appleberry, 23 Mo. 389. The omission to file the affidavit did not render it invalid as against plaintiff.
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Appeal from Jackson Special Law and Equity Court. — Hon. R. E. Cowan, Judge. The gist of the action of replevin is the wrongful detention, and this relates to the time of the commencement of the action. Brown v. Holmes, 13 Kas. 491; Gray v. Parker, 38 Mo. 165 ; Barksdale v. Appleberry, 23 Mo. 389. The omission to file the affidavit did not render it invalid as against plaintiff. Meech v. Patchin, 14 N. Y. 71; Manning v. Monaghan, 10 Bosworth 240; s. c., 28 N. Y. 589. Plaintiff' was not a purchaser within the Kansas mortgage •act. Marsden v. Cornell, 62 N. Y. 220. The mortgage bound the…
1Opinion of the CourtHough, J.
This was an action of replevin brought' July 24th, 1876, to recover possession of a lot of zinc spelter, valued at $1,200.
Both parties claim title through J. A. C. Thompson, who leased and operated certain zinc works at Weir City, in Cherokee county, Kansas, from January 1st, 1876, to *674May 10th, 1876. The defendants claim title and right of possession under'a chattel mortgage, dated February 1st, 1876, made to them by said Thompson ; and the plaintiff claims title under judicial sales in certain attachment suits against said Thompson, brought on debts contracted after the mortgage was…
2Cases cited6 opinions
- Ely v. . CarnleyNew York Court of Appeals · 1859
- Meech v. . PatchinNew York Court of Appeals · 1856
- Wright v. Bircher'sSupreme Court of Missouri · 1880
- Porter v. . ParmleyNew York Court of Appeals · 1873
- Dillingham v. . BoltNew York Court of Appeals · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Union National Bank v. OiumNorth Dakota Supreme Court · 1892
- Lowe v. WingWisconsin Supreme Court · 1882
- Petring v. ChrislerSupreme Court of Missouri · 1886
- Corbin v. KincaidSupreme Court of Kansas · 1885
- Rutherford v. StewartSupreme Court of Missouri · 1883
9 more not listed; retrieve them via the Exa API.