Houser v. Richardson
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferris, Judge. STATEMENT OE THE CASE. This suit arose on account of Charles H. Young, deceased, making two sales of a share of stock which he owned in. the Globe Printing Company as heir of Joseph B. Mc-Cullagh.
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Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferris, Judge. STATEMENT OE THE CASE. This suit arose on account of Charles H. Young, deceased, making two sales of a share of stock which he owned in. the Globe Printing Company as heir of Joseph B. Mc-Cullagh. Young first sold this stock while the estate of Mc-Cullagh was being administered by William C. Richardson, the public administrator, to Mrs. Kate Kastle (at that date Mrs. Manion), and later made another obviously fraudulent ‘sale of it to the plaintiff. The sale to Mrs. Manion, or Kastle, was by the following instrument: “Los…
1Opinion of the CourtGoode, J.
The circuit court correctly disposed of this cause. As Mrs. Kastle bought the stock first, her right to it was good against Houser, unless she omitted some act which the law exacted of her, to warn others from buying afterwards from the .vendor Young. Appellant says that the maxim qui prior est tempore, potior est jure, is not in force in this State. But the cases hold it is, and enforce it. Murdock v. Finney, 21 Mo. 138; State Savings Ass’n v. Kellogg, 63 Mo. 510; Pritchard v. Toole, 53 Mo. 356; Minor v. Rogers Coal Co., 25 Mo. App. 78; State ex rel. v. Netherton, 26 Mo. App. 414; St. Louis…
2Cases cited11 opinions
- Vattier v. HindeSupreme Court of the United States · 1833
- Cargile v. WoodSupreme Court of Missouri · 1876
- Richards v. GriggsSupreme Court of Missouri · 1852
- Richardson v. RichardsonSupreme Judicial Court of Maine · 1884
- Murdoch v. FinneySupreme Court of Missouri · 1855
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3Cited by10 opinions
- Salem Trust Co. v. Manufacturers' Finance Co.Supreme Court of the United States · 1924
- Hess & Skinner Engineering Co. v. TurneyCourt of Appeals of Texas · 1918
- In Re Vardaman Shoe Co.District Court, E.D. Missouri · 1943
- Klebba v. StruempfMissouri Court of Appeals · 1930
- Missouri Baptist Sanitarium v. McCuneMissouri Court of Appeals · 1905
5 more not listed; retrieve them via the Exa API.