Gartside v. Nixon
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. Plaintiff, in order to maintain an action for the claim and delivery of personal property, must have a general or special property in the thing sought to be recovered. A bare possession without right, or a tortious possession, is not sufficient. (Gen. Stat. 1865, p. 663, § 1; Wheat.
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Appeal from St. Louis Circuit Court. I. Plaintiff, in order to maintain an action for the claim and delivery of personal property, must have a general or special property in the thing sought to be recovered. A bare possession without right, or a tortious possession, is not sufficient. (Gen. Stat. 1865, p. 663, § 1; Wheat. Selw. 1208; Broadwater v. Larne, 10 Mo. 277; Gray v. Parker, 38 Mo. 160; Gibson v. Mozier, 9 Mo. 256; Irwin v. Wells, 1 Mo. 11; Harrison v. McIntosh, 1 Johns. 380.)
1Opinion of the CourtBaker, Judge
This is a proceeding under the statute for the claim and delivery of personal property, instituted by the respondent, to recover a horse then in the possession of the appellant. The plaintiff’s title to the property is put in issue by the pleadings. At the instance of the plaintiff, the court instructed the jury that “the plaintiff claims and alleges that he and the persons under whom he claims title to the horse have had actual possession of him ever since some time in September, 1865 ; and if the jury believe the fact to be so, then the plaintiff is entitled to recover the horse, unless the…
2Cases cited4 opinions
- Gray v. ParkerSupreme Court of Missouri · 1866
- Broadwater v. DarneSupreme Court of Missouri · 1846
- Harrison v. M'IntoshNew York Supreme Court · 1806
- Bower v. HigbeeSupreme Court of Missouri · 1845
3Cited by10 opinions
- Rankin v. WyattSupreme Court of Missouri · 1934
- Andrews v. CosticanMissouri Court of Appeals · 1888
- Benedict & Burnham Manufacturing Co. v. JonesMissouri Court of Appeals · 1895
- Draper v. FarrisMissouri Court of Appeals · 1894
- Meeks v. Clear Jack Mining Co.Missouri Court of Appeals · 1910
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