Ewart v. Nave-McCord Mercantile Co.
Supreme Court of Missouri
Appeal from JDe Kalb Circuit Court. (1) Tlie court erred in refusing the instruction prayed for by interpleader. Under the law, Ewart immediately became the absolute owner of said undivided one half of said stock of goods; Meek had no interest therein on the thirteenth day of January, 1888, that was liable to be seized, either under attachment or execution. Jones on Chattel Mortgages [2 Ed.], sec. 699; Jackson v. Cunningham, 28 Mo.
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Appeal from JDe Kalb Circuit Court. (1) Tlie court erred in refusing the instruction prayed for by interpleader. Under the law, Ewart immediately became the absolute owner of said undivided one half of said stock of goods; Meek had no interest therein on the thirteenth day of January, 1888, that was liable to be seized, either under attachment or execution. Jones on Chattel Mortgages [2 Ed.], sec. 699; Jackson v. Cunningham, 28 Mo. App. 354; Barnett v. Timberlake, 57 Mo. 499; Sheble v. Curdt, 57 Mo.; Robinson v. Campbell, 8 Mo. 366; King v. Bailey, 8 Mo. 240; Lacy v. Gibony, 36 Mo. 320. (2)…
1Opinion of the CourtMacearlane, J.
On the fourteenth day of January, 1888, respondent, a corporation, commenced a suit by attachment in the circuit court of DeKalb county against Oreen Atterbury and William L. Meek as copartners under the name and style of Meek & Atterbury. On the same day a stock of goods was levied upon under the writ of attachment issued therein. At the October term of said court appellant filed an interplea in said suit. At the April term, 1893, an amended or supplemental interplea was filed, by which interpleader claimed the property so levied upon by the sheriff. Respondent answered the interplea denying…
2Cases cited8 opinions
- Sexton v. AndersonSupreme Court of Missouri · 1888
- Tarbell v. . WestNew York Court of Appeals · 1881
- Deeter v. SellersIndiana Supreme Court · 1885
- Monroe v. HamiltonSupreme Court of Alabama · 1877
- Wiles v. MaddoxSupreme Court of Missouri · 1857
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3Cited by2 opinions
- Johnson v. ShirleyIndiana Supreme Court · 1899
- Sedalia National Bank v. Cassidy Bros. Live Stock Commission Co.Missouri Court of Appeals · 1904