Elliott v. Wright
Missouri Court of Appeals
Error to Cooper Circuit Court, Hon. E. L. Edwards, Judge. The case and facts are stated in the opinion of the court. I. The property in controversy was, at the time of the purchase of the real estate on which it was situated, by plaintiff, a part of said real estate and passed to plaintiff by his deed from defendant as trustee. Gurry v. Schmidt, 54 Mo. 515 ; Railroad r>. Grawford, 68 Mo. 80 ; Rogers v. Grow, 40 Mo. 91 • Harlan d. Harlan, 15 Pa. St. 507. II.
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Error to Cooper Circuit Court, Hon. E. L. Edwards, Judge. The case and facts are stated in the opinion of the court. I. The property in controversy was, at the time of the purchase of the real estate on which it was situated, by plaintiff, a part of said real estate and passed to plaintiff by his deed from defendant as trustee. Gurry v. Schmidt, 54 Mo. 515 ; Railroad r>. Grawford, 68 Mo. 80 ; Rogers v. Grow, 40 Mo. 91 • Harlan d. Harlan, 15 Pa. St. 507. II. The plaintiff cannot be estopped from claiming the property in controversy, under his deed to the real estate, unless at the time of his…
1Opinion of the CourtHall, J.
This is an action of replevin to recover the possession of the following described personal property, to-wit: <££ One copper generator, two copper fountains, two copper coolers, about fifteen feet of lead piping, and one syrup gauge.” Both parties claim title to» the property through a deed of trust, executed by J. R. Tackett and wife, and Raymond Smith and wife, to the-defendant Wright, as trustee, dated November 10, 1883. The deed of trust described the property thereby conveyed, as follows: “ The east half of lot 111 on the original plat of the city of Boonville, fronting forty-five-feet…
2Cases cited2 opinions
- Wade v. PettiboneOhio Supreme Court · 1846
- Folsom v. MooreSupreme Judicial Court of Maine · 1841
3Cited by2 opinions
- Richards v. GilbertSupreme Court of Georgia · 1902
- Heitkamp v. LaMotte Granite Co.Missouri Court of Appeals · 1894