Burgess v. Kattleman
Supreme Court of Missouri
Error to Second District Court. The injunction should not have been granted, there being no allegation of insolvency against Kattleman — 20 Mo. 79. Plaintiffs had the right to replevin and trespass.
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Error to Second District Court. The injunction should not have been granted, there being no allegation of insolvency against Kattleman — 20 Mo. 79. Plaintiffs had the right to replevin and trespass. The lien .reserved is void, the case showing that defendants had the possession of the goods and right to sell, and therefore fraudulent — 28 Mo. 173 ; 31 Mo. 445, 451; 34 Mo. 432 ; Brooks v. Wimer, 20 Mo. 503. There being no allegation in the petition, nor any evidence on the part of the plaintiffs to the effect that Kattleman was insolvent, or not amply able to respond in damages for the…
1Opinion of the CourtWagner, Judge
This was an action brought by the plaintiffs against the defendants Twining, Moody and. Kattleman, in the court below, for rent for certain land in Jefferson county. The land was leased by plaintiffs to Twining and Moody, at a certain specified rate, for the purpose of cutting cord-wood, staves, heading, &e. The lease contained a provision by which the lessees agreed that the lessors should have a lien upon all the timber, staves, cord-wood, &c., to secure the *482payment of the rent as it accrued, and the performance of all the covenants and conditions of the lease; and in case default should be…
2Cases cited1 opinion
- James v. DixonSupreme Court of Missouri · 1854
3Cited by11 opinions
- Edwards v. Allouez Mining Co.Michigan Supreme Court · 1878
- Weigel v. WalshSupreme Court of Missouri · 1870
- Damschroeder v. ThiasSupreme Court of Missouri · 1872
- Anderson v. City of St. LouisSupreme Court of Missouri · 1871
- Chicago & Alton Railroad v. BrandauMissouri Court of Appeals · 1899
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