Hibbard v. Heckart
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. James Tilford Neville, Judge. (1) Change of possession must be open, notorious and unequivocal, so as not to mislead the public, and be made within reasonable time.
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Appeal from Greene Circuit Court. — Hon. James Tilford Neville, Judge. (1) Change of possession must be open, notorious and unequivocal, so as not to mislead the public, and be made within reasonable time. R. S. 1899, sec. 3410; Claflin' v. Rosenberg, 42 Mo. 439; Burgert v. Borchert, 59 Mo. 80; Lesen v. Herriford, 44 Mo. 323; Stern v. Henley, 68 Mo. 263. Where the undisputed facts in proof show that the change of possession is not in compliance with the mandates of the statute, it should be declared fraudulent by the court as a matter of law. Wright v. McCormick, 67 Mo. 426; Stewart v.…
1Opinion of the CourtBland, P. J.
In the spring of 1900 the plaintiff in this case, Hibbard, Spencer, Bartlett & Co., had an execution issued from the office of the clerk of the circuit court of Greene county, Missouri, on a judgment said firm had against H. M. Heekart and which judgment was obtained several years ago. Acting under the instructions of plaintiff’s attorney, the sheriff of Greene cqunty levied on certain watches, rings and other articles of jewelry, and also some showcases contained in the store claimed to be owned by Mrs. J. B. Heekart, wife of the defendant in the execution, H. M. Heekart. After the levy Mrs.…
2Cases cited3 opinions
- First National Bank v. SimpsonSupreme Court of Missouri · 1899
- Seay v. HesseSupreme Court of Missouri · 1894
- W. F. Johnson & Co. v. ChristieMissouri Court of Appeals · 1899
3Cited by2 opinions
- Jones v. HoganMissouri Court of Appeals · 1909
- Wolfsberger v. MortMissouri Court of Appeals · 1904