Wright v. Richmond
Missouri Court of Appeals
Appeal from the Scott County Circuit, J. D. Foster, Judge. The plaintiff in replevin must be the owner or entitled to the-immediate and exclusive possession of the thing in controversy. Melton v. McDonald, 2 Mo. 45; Pilkington v. Trigg, 28 Mo. 95; Cross v. Hulett, 53 Mo. 397. Mere naked possession is not sufficient.
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Appeal from the Scott County Circuit, J. D. Foster, Judge. The plaintiff in replevin must be the owner or entitled to the-immediate and exclusive possession of the thing in controversy. Melton v. McDonald, 2 Mo. 45; Pilkington v. Trigg, 28 Mo. 95; Cross v. Hulett, 53 Mo. 397. Mere naked possession is not sufficient. Gartside v. Nixon, 43 Mo. 138; Gray v. Parker, 38 Mo. 160; Morgner v. Biggs, 46 Mo. 65. The testimony concerning statements of the defendant’s son was hearsay. 1 Greenl. Ev., pt. 2, ch. 5, 114. If the mnle did not belong to the defendant, and he took him from the possession of the…
1Opinion of the CourtLewis, P. J.
The plaintiff, owner of a farm and live stock, had his horses brought from a neighboring range to his farm, in February or March, 1882. A mule, the subject of the present suit, which was unknown to the plaintiff, appeared among the horses, and was turned into the plaintiff ’s enclosure. Soon afterwards, the defendant saw the animal and claimed it as his property. The plaintiff told him to bring one or two witnesses by whom he could prove his ownership, and the mule would then be delivered up to him. This the defendant undertook to do. About two years then passed without any change in the…
2Cases cited2 opinions
- Broadwater v. DarneSupreme Court of Missouri · 1846
- Bayless v. LefaivreSupreme Court of Missouri · 1865
3Cited by14 opinions
- McCabe v. R.A. Manning Construction Co.Wyoming Supreme Court · 1983
- Harms v. SimkinMissouri Court of Appeals · 1959
- Ryan v. Ald, Inc.Montana Supreme Court · 1965
- Rose v. Kansas CityMissouri Court of Appeals · 1907
- Andrews v. CosticanMissouri Court of Appeals · 1888
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