Bowles Live Stock Commission Co. v. Hunter
Missouri Court of Appeals
Appeal from DeKalb Circuit. Court. — Hon. A. D. Bur nos, Judge. (1) The vendee must take the actual possession and the possession must be open, notorious and unequivocal, such as to apprise the community or those who are accustomed to deal with the party that the property has changed hands, and that the title has passed out of the vendor and into the vendee.
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Appeal from DeKalb Circuit. Court. — Hon. A. D. Bur nos, Judge. (1) The vendee must take the actual possession and the possession must be open, notorious and unequivocal, such as to apprise the community or those who are accustomed to deal with the party that the property has changed hands, and that the title has passed out of the vendor and into the vendee. R. S. 1899, sec. 3410; Claflin v. Rosenberg, 42 Mo. 450; Wright v. McCormick, 67 Mo. 429; State ex rel. v. Goetz, 131 Mo. 680; State ex rel. v. Hall, 45 Mo*. App. 302. (2) There must be a complete change of the dominion and control over…
1Opinion of the CourtBroaddus, J.
— This is a controversy which arose in an attachment proceeding instituted by the plaintiff against Guy Hunter, between the plaintiff and the interpleader, A. Z. Hunter. The finding and judgment were against the plaintiff, from which it appealed.
The plaintiff sued upon a promissory note executed by defendant Guy Hunter, payable to plaintiff company, for the sum of $3,279.10 which had been reduced by credits to the sum of $861.11; and in aid thereof caused to be issued a writ of attachment against the property of the defendant. The attachment was levied upon certain cattle alleged to be the…
2Cases cited6 opinions
- Collins v. WilhoitSupreme Court of Missouri · 1891
- McIntosh v. SmileySupreme Court of Missouri · 1891
- State ex rel. Baumunk v. GoetzSupreme Court of Missouri · 1895
- Dryden v. SmithSupreme Court of Missouri · 1883
- Huggins Cracker & Candy Co. v. T. H. Ellis & Co.Missouri Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Chong v. Young, Deputy SheriffHawaii Supreme Court · 1952