Powers v. Braley
Missouri Court of Appeals
Appeal from the Stoddard Circuit Court. — Hon. John GK Wear, Judge. (1) Plaintiff had the general property in the mill and was entitled to the immediate and exclusive possession thereof according to the evidence. Story on Part., secs. 90, 94, 97 and 101; Fleming v. Clarke, 22 Mo.
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Appeal from the Stoddard Circuit Court. — Hon. John GK Wear, Judge. (1) Plaintiff had the general property in the mill and was entitled to the immediate and exclusive possession thereof according to the evidence. Story on Part., secs. 90, 94, 97 and 101; Fleming v. Clarke, 22 Mo. App. 218 ; Phelps v. McNeely, 66 Mo. 554. (2) Plaintiff purchased from Kelly, who purchased the property under a sale to pay a partnership debt, and his possession thereunder ■ for two years entitled plaintiff to recover. Weak v. Ftter, 81 Mo. 375, and cases cited; Phillips v. Schall, 21 Mo. App. 38, 42; Andrews v.…
1Opinion of the CourtBiggs, J.
This action of replevin was instituted for the recovery of the possession of a sawmill and appurtenances and two pieces of steamboat pipe. The suit was begun in the circuit court, and plaintiff’s petition was in the usual form. The defendant filed an answer, in which he admitted that the property was in his possession and that he detained it from the plaintiff, but he denied the plaintiff ’ s right to its exclusive possession, and consequently his right to maintain the, action, for the reason that the plaintiff and the defendant owned the property sued for as tenants in common. The cause was…
2Cases cited10 opinions
- Dilworth v. McKelvySupreme Court of Missouri · 1860
- Dougherty v. CooperSupreme Court of Missouri · 1883
- Boutell v. WarneSupreme Court of Missouri · 1876
- Ex parte SnyderSupreme Court of Missouri · 1876
- Kronski v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
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3Cited by6 opinions
- L. C. Jones Trucking Co. v. Superior Oil Co.Wyoming Supreme Court · 1951
- Kittredge v. LangleyNew York Court of Appeals · 1930
- Sappington v. LenzMissouri Court of Appeals · 1893
- In Re Bank of Mt. Moriah v. Mt. MoriahMissouri Court of Appeals · 1932
- Burger v. St. Louis, Keokuk & Northwestern Railway Co.Missouri Court of Appeals · 1892
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