Garth v. Caldwell
Supreme Court of Missouri
Appeal from JR alls Circuit Court. — Hon. John T. Redd,. Judge. This was an action of replevin commenced originally' against Caldwell and one Parsons on the 7th day of December, 1871, to recover several ricks of cordwood, one hundred shocks of corn in the field, thirty shocks of fodder and six acres of corn on the stalk, all alleged by the petition to be upon land occupied by and in the possession of Parsons.
Read the full summary
Appeal from JR alls Circuit Court. — Hon. John T. Redd,. Judge. This was an action of replevin commenced originally' against Caldwell and one Parsons on the 7th day of December, 1871, to recover several ricks of cordwood, one hundred shocks of corn in the field, thirty shocks of fodder and six acres of corn on the stalk, all alleged by the petition to be upon land occupied by and in the possession of Parsons. Parsons did not answer, and plaintiff subsequently dismissed as to him. Caldwell answered, denying title of property in plaintiff, and averring the ownership of the property to be in…
1Opinion
On Motion for Rehearing.
I
Sherwood, C. J.
*629 6. Pleading: jeofails.
*628Granting that the petition be defect*629ive in that it does not allege that the property was in the P0ssessi°0 of the remaining defendant, Caldwell, yet it does allege that the defendant wrongfully detains the property, and this is an indirect and inferential allegation that the property was in the possession of the defendant; an allegation which, though defective, is certainly good after verdict, since the words “wrongfully detains ” necessarily imply the adverse possession of the property sued for in replevin. Tidd’s Prac., 919, and…
2Cases cited4 opinions
- International Bank v. Franklin CountySupreme Court of Missouri · 1877
- Stivers v. HorneSupreme Court of Missouri · 1876
- Smith v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1874
- Darrah v. Steamboat LightfootSupreme Court of Missouri · 1852