Legal Opinion

Harvey v. Stephens

Supreme Court of Missouri

Decided February 12, 1901PublishedCited by 2 opinions

Appeal from Audrain Circuit Court.- — Hon. E. M. Hughes, Judge. (1) To enable plaintiffs to recover in a replevin suit they must show title as against the party holding possession. The two chattel mortgages introduced in evidence do not show title in plaintiffs against the sheriff, who was in possession of the property for the partnership creditors of the firm.

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Appeal from Audrain Circuit Court.- — Hon. E. M. Hughes, Judge. (1) To enable plaintiffs to recover in a replevin suit they must show title as against the party holding possession. The two chattel mortgages introduced in evidence do not show title in plaintiffs against the sheriff, who was in possession of the property for the partnership creditors of the firm. The mortgage and note introduced by plaintiff which was given by Eoy Medley to his sister, Effie Medley, on his individual one-half interest in the stock to secure an individual debt and which was assigned to plaintiffs was absolutely…

1Opinion of the CourtRobinson, J.

This is a suit for'the possession of a stock of goods of the alleged value of $3,100 instituted by the plaintiffs against J. W. Stephens, sheriff of Audrain county, on April 17, 1896. It appeared by the evidence, at the trial, that the defendant, as sheriff of Audrain county, levied upon and seized the goods in question, and was holding same at the time of the institution of this suit, under several writs of attachment issued in'behalf of the partnership creditors of the firm of Medley & Morgan, engaged in the retail mercantile business in the town of Vandalia in this State. That while in…

2Cited by2 opinions

  1. Smith v. SmithSupreme Court of Missouri · 1907
  2. Sedalia National Bank v. Cassidy Bros. Live Stock Commission Co.Missouri Court of Appeals · 1904

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