Gambrel v. Hines
Missouri Court of Appeals
Appeal from Holt Circuit Court. — Eon. Francis E. Trimble, Judge. Under this state of facts, interpleaders cannot recover in this action. R. S. 1909', Sec. 2887; R. S. 1909, Sec. 2861; Harmon v. Morris, 28 Mo. App. 326; Dyer v. Balsley, 40 Mo. App. 559; State ex rel. Chorno v. Hall, 45 Mó. App. 298; The Huggins Cracker & Candy Co. v. Ellis & Co., 45 Mo.
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Appeal from Holt Circuit Court. — Eon. Francis E. Trimble, Judge. Under this state of facts, interpleaders cannot recover in this action. R. S. 1909', Sec. 2887; R. S. 1909, Sec. 2861; Harmon v. Morris, 28 Mo. App. 326; Dyer v. Balsley, 40 Mo. App. 559; State ex rel. Chorno v. Hall, 45 Mó. App. 298; The Huggins Cracker & Candy Co. v. Ellis & Co., 45 Mo. App. 585'. A retention of possession by the vendor renders the sale void, and notice of such sale to a creditor is immaterial. Collins v. Wilhoit, 108 Mo. 451. There must be an actual delivery and change of possession. Halderman v.…
1Opinion of the CourtBroaddus, P. J.
Garnishment and interpleas. On ‘the 15th day of January. 1907, Gambrel obtained a *208judgment in the circnit court of Holt county against Thomas Hines for $56.08 and costs, the costs amounting to $125.95', making the total judgment $182.03'. One or more .executions were issued upon the judgment and returned nulla bona. The execution which has reference to the subject of this controversy was issued on the 16th day of January, 1909.
A short time prior to the issuing of this execution, Hines, the execution debtor, advertised certain personal property to be sold at the farm, upon which he was…
2Cases cited2 opinions
- Harmon v. MorrisMissouri Court of Appeals · 1887
- Dyer v. BalsleyMissouri Court of Appeals · 1890