Emory v. Arnold
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — Hon. W. S. C. Walker, Judge. (1) "When the replevin suit in the justice court was dismissed and the property was redelivered by the plaintiff to the constable to be turned over to the defendant,the defendant being unwilling that the plaintiff should have the possession of it, it was wrongfully detained by the defendant, within the meaning of the law of replevin.
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Appeal from Stoddard Circuit Court. — Hon. W. S. C. Walker, Judge. (1) "When the replevin suit in the justice court was dismissed and the property was redelivered by the plaintiff to the constable to be turned over to the defendant,the defendant being unwilling that the plaintiff should have the possession of it, it was wrongfully detained by the defendant, within the meaning of the law of replevin. Sec. 2637, R. S. 1909; Teeple v. 'Dickey, 94 Ind. 124; McArthur v. Carrie, 32 Ala. 75; Henderson v. Felts, 58 Ala. 590. (2) If the defendant has such control over the property .that he may deliver…
1Opinion of the Court
NÓRTONl, J.
This is a suit in replevin. The finding and judgment were for defendant and plaintiff prosecutes the appeal.
The principal question for consideration relates to the matter of the possession of the property at the time the suit' was instituted. Plaintiff claims the right to the property under a chattel mortgage executed to him by defendant for the purpose of securing, a promissory note. On May 15, 1911, defendant executed to plaintiff a promissory note in the amount of $509.75, which, according to its terms, became due on October 15, 1911. This note is secured by a chattel mortgage…
2Cases cited6 opinions
- Davis v. RandolphMissouri Court of Appeals · 1877
- Stroud v. MortonMissouri Court of Appeals · 1897
- Teeple v. DickeyIndiana Supreme Court · 1884
- Barnes v. PlessnerMissouri Court of Appeals · 1909
- Rogers v. DavisMissouri Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Leavel v. JohnstonMissouri Court of Appeals · 1921
- Havens Steel Co. v. Commerce Bank, N.A. (In Re Havens Steel Co.)United States Bankruptcy Court, W.D. Missouri · 2004