Sheffler v. Mudd
Missouri Court of Appeals
Appeal from the Clark Circuit Court— Hon. Benjamin E. Turner, Judge. Instructions numbered 1 and 2, given for plaintiff, were proper instructions. Warwick v. Baker, 42 Mo. App. 439, 442; Freem. on Coten. & Par. [2 Ed.], sec. 306, and pp. 396-398, 400; Webb v. Mann, 3 Mich. 139; Piquet v. Allison, 12 Id. 328; Bray v. Bray, 30 Id. 479; Grove v. Wise, 39 Id. 162; Agnew v. Johnson, 17 Pa. St. 373; Winner v. Peniman, 35 Md. 163; Boddy v. Cox, 74 Am.
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Appeal from the Clark Circuit Court— Hon. Benjamin E. Turner, Judge. Instructions numbered 1 and 2, given for plaintiff, were proper instructions. Warwick v. Baker, 42 Mo. App. 439, 442; Freem. on Coten. & Par. [2 Ed.], sec. 306, and pp. 396-398, 400; Webb v. Mann, 3 Mich. 139; Piquet v. Allison, 12 Id. 328; Bray v. Bray, 30 Id. 479; Grove v. Wise, 39 Id. 162; Agnew v. Johnson, 17 Pa. St. 373; Winner v. Peniman, 35 Md. 163; Boddy v. Cox, 74 Am. Dec. 64; Boseman v. Syring, 35 Pac. Rep. 844; 7 Lawson’s Rights, Rem. &Prac., sec. 3671; Smith on Per. Prop., sec. 26, p. 34. Defendant’s denial of…
1Opinion of the CourtBiggs, J.
In 1894 the plaintiff and onte Koontz owned a stallion as tenants in common. On the thirteenth of that month Oliver Blades sued Koontz by attachment before a justice of the peace in Clark county, and the constable levied upon Blades’ interest in the horse. There was a judgment against Koontz in the attachment suit, and the stallion was sold to satisfy the judgment. The defendant attended the sale and bought the horse for Blades. The constable delivered the animal to the defendant, who took him to an adjoining county, and there delivered him to Blades. The present action is for a conversion óf…
2Cases cited4 opinions
- Allen v. HarperSupreme Court of Alabama · 1855
- Grim v. . WickerSupreme Court of North Carolina · 1879
- Shearin v. . RiggsbeeSupreme Court of North Carolina · 1887
- Nelson v. FerrisMichigan Supreme Court · 1874
3Cited by2 opinions
- Merrill v. MasonMissouri Court of Appeals · 1911
- Smith v. SouthernMissouri Court of Appeals · 1922