Broadwater v. Darne
Supreme Court of Missouri
ERROR to Callaway Circuit Court. 1st. The action of replevin is a proceeding in rem, 'and cannot be maintained unless the defendant be in possession of the property sought to be replevied at the commencement of the suit. 1 Chit. Head. 185, §2, title «Replevin.” Rev. Stat. title «Replevin.” Doe, ex’r Ray, vs. Huntingdon, 6 East. Reps. 286. Sharp vs. Whittenhall, 3 Hill’s Rep.' 576. 2nd.
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ERROR to Callaway Circuit Court. 1st. The action of replevin is a proceeding in rem, 'and cannot be maintained unless the defendant be in possession of the property sought to be replevied at the commencement of the suit. 1 Chit. Head. 185, §2, title «Replevin.” Rev. Stat. title «Replevin.” Doe, ex’r Ray, vs. Huntingdon, 6 East. Reps. 286. Sharp vs. Whittenhall, 3 Hill’s Rep.' 576. 2nd. The testimony offered by the defendant on the cross examination of plaintiff’s witness, Thomas J. Minor, and rejected by the Court, was improperly excluded. The gross inadequacy of the price, -the fact that…
1Opinion of the CourtScott, J.
This was an action of replevin for six slaves, instituted by Darne against Margaret Broadwater and her son J. S. Broadwater, (the appellants,) in the Callaway Circuit Court, in September, 1844. The declaration contained two counts, one for an unlawful taking, and the other for an unlawful detention of the slaves. The cause was tried upon the general issue at the April Term, 1845, when the plaintiff (the appellee,) had a verdict and judgment, from which the defendants have appealed to this Court.
Upon the trial, the plaintiff claimed the slaves under a bill of sale, dated in Virginia on the…
2Cases cited1 opinion
3Cited by14 opinions
- Rankin v. WyattSupreme Court of Missouri · 1934
- Poplin v. BrownMissouri Court of Appeals · 1918
- Wright v. RichmondMissouri Court of Appeals · 1886
- Gartside v. NixonSupreme Court of Missouri · 1868
- Carpenter v. RodgersMichigan Supreme Court · 1886
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