Cotton v. Arnold
Missouri Court of Appeals
Appeal from Pettis Circuit Court. —Son. Louis Sojfman, Judge. (1) Without one is an agister, taking stock to pasture or feed or keep at so much per head, there can be no lien for the keeping. As stated, where the simple relation of landlord and tenant alone exists the 'landlord has no lien upon stock kept in pasture for his rent. Jones on Liens, sec. 687; Stone v. Kelly, 59 Mo. App. 214; Sherwood v. Neal, 41 Mo.
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Appeal from Pettis Circuit Court. —Son. Louis Sojfman, Judge. (1) Without one is an agister, taking stock to pasture or feed or keep at so much per head, there can be no lien for the keeping. As stated, where the simple relation of landlord and tenant alone exists the 'landlord has no lien upon stock kept in pasture for his rent. Jones on Liens, sec. 687; Stone v. Kelly, 59 Mo. App. 214; Sherwood v. Neal, 41 Mo. App. 416; 1 Bouvier’s Law Dictionary, p. 140; Powers v. Botts, 58 Mo. App. 1. (2) There is no agister’s lien without the force of 'the statute. Section 4228, R. S. 1899. There is not…
1Opinion of the Court
JOHNSON, J. —
Plaintiff sued in replevin to recover the possession of certain cattle. He alleged .in the petition that on November 16, 1904, “he was the absolute owner and lawfully entitled to the possession” of the property and that on said date defendant “wrongfully took said property from the possession of plaintiff.” He further pleaded the source of his title, i. e., that he held two chattel mortgages executed and delivered to him by a Mr. Corbett conveying the cattle in question, the first of which was executed on April 15, 1903, filed May 11,1903, and secured a debt of $570, and the…
2Cases cited8 opinions
- Conrad v. FisherMissouri Court of Appeals · 1889
- Vanstone v. GoodwinMissouri Court of Appeals · 1890
- Everett v. Barse Live Stock Commission Co.Missouri Court of Appeals · 1906
- Storts v. MillsMissouri Court of Appeals · 1902
- Chitwood v. Lanyon Zinc Co.Missouri Court of Appeals · 1902
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3Cited by2 opinions
- Pierce v. National Bank of CommerceCourt of Appeals for the Eighth Circuit · 1920
- Patchen Wilkes Stock Farm Co. v. WaltonCourt of Appeals of Kentucky · 1915