Bright v. Miller
Missouri Court of Appeals
Appeal" from Barton Circuit Court. — How. H. G. Timmonds, Judge. (1) The court erred in refusing appellant’s instruction number 2. In an action of replevin the plaintiff must recover upon the strength of his own title, and not on the weakness of defendant’s title. Kennedy v. Dodson, 44 Mo. App. 550; Mo.ore v. Carr, 65 Mo. App. 69; Grocer Co. v. Shackleford, 65 Mo. App. 361. (2) Bright is certainly estopped to claim her as against Miller.
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Appeal" from Barton Circuit Court. — How. H. G. Timmonds, Judge. (1) The court erred in refusing appellant’s instruction number 2. In an action of replevin the plaintiff must recover upon the strength of his own title, and not on the weakness of defendant’s title. Kennedy v. Dodson, 44 Mo. App. 550; Mo.ore v. Carr, 65 Mo. App. 69; Grocer Co. v. Shackleford, 65 Mo. App. 361. (2) Bright is certainly estopped to claim her as against Miller. Taylor v. Zepp, 14 Mo. 482; Chontean v. God-din, 39 Mo. 229; Reynolds v. Kroff, 144 Mo. 433; State ex rel. v. Branch, 151 Mo. 639; Lumber Co. v. Kreeger, ■52…
1Opinion of the CourtBroaddus, J.
This is a replevin suit begun in a justice’s court, whichpw;as appealed to the circuit court, where on trial the plaintiff obtained a verdict and judgment, from which defendant appealed. The matters complained of are the giving and refusing of instructions.
Both plaintiff and defendant claimed to have bought the animal in controversy from one Carl Root, who was conceded to have been the owner. Plaintiff claimed to have bought the animal (a heifer) with other cattle from said Root in the spring of 1898, at the farm of D. G-. Turner in Ozark county, Missouri, from where he shipped them to his…
2Cases cited7 opinions
- Taylor v. ZeppSupreme Court of Missouri · 1851
- Chouteau v. GoddinSupreme Court of Missouri · 1866
- DeBerry v. WheelerSupreme Court of Missouri · 1895
- Newman v. HookSupreme Court of Missouri · 1866
- Kennedy v. DodsonMissouri Court of Appeals · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Short v. ThomasMissouri Court of Appeals · 1914