Bergesch v. Keevil
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. This was an action brought under the article of the new code entitled “ claim and delivery of personal property,” by Bergesch against Keevil. Annexed to the petition was the affidavit required by the statute, signed by the plaintiff, but without a jurat.
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Appeal from St. Louis Court of Common Pleas. This was an action brought under the article of the new code entitled “ claim and delivery of personal property,” by Bergesch against Keevil. Annexed to the petition was the affidavit required by the statute, signed by the plaintiff, but without a jurat. At the return term, the plaintiff filed an affidavit stating that he had sworn to the petition before a justice of the peace before it was filed, but that the justice had failed to append his certificate evidencing the fact. He thereupon moved the court to allow the justice to append his…
1Opinion of the CourtScott, Judge
John Taylor owned some personal property, and conveyed it by deed to the plaintiff in error and the plaintiff below, in trust to secure the payment of a debt due John H. Koppel-man. Afterwards, Taylor, by deed, conveyed the same property directly to Koppelman, and the defendant, Keevil, having taken possession of it, this action was brought by Bergesch to recover it; and the question is, whether the suit was properly brought in his name.
*1291. Bergesch was the trustee of an express trust, and the deed to him from Taylor conveyed the legal title. Taylor’s subsequent deed could not divest this title…
2Cited by11 opinions
- Cooley v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1899
- Fortenheim v. Claflin, Allen & Co.Supreme Court of Arkansas · 1885
- Turner v. St. JohnNorth Dakota Supreme Court · 1898
- Clark v. St. Joseph Terminal RailroadSupreme Court of Missouri · 1912
- Myers v. HaleMissouri Court of Appeals · 1885
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