Harmon v. Morris
Missouri Court of Appeals
Appeal from Johnson Circuit Court, Hon. Charles W. Sloan, Judge. The case and facts are stated in the opinion of the court. I. The alleged sale was not accompanied by a delivery of the possession and followed by an actual and continued change in the possession of the property attempted to be sold, and was, as to the vendor’s existing creditors, void, notwithstanding it was in good faith and for value.
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Appeal from Johnson Circuit Court, Hon. Charles W. Sloan, Judge. The case and facts are stated in the opinion of the court. I. The alleged sale was not accompanied by a delivery of the possession and followed by an actual and continued change in the possession of the property attempted to be sold, and was, as to the vendor’s existing creditors, void, notwithstanding it was in good faith and for value. Qlafiin v. Rosenberg, 42 Mo. 439; Lesem v. Herriford, 44 Mo. 323; Howe 'll. Taylor, 52 Mo. 392; Bishop v. O’Connell, 56 Mo. 158; Biorgert v. Bor chert, 59 Mo. 80; Wright v. McCormack, 67 Mo. 426…
1Opinion of the CourtPhilips, P. J.
This is an action of replevin. The property in controversy consists of a spring-wagon, two mules, two horses, and one set of wagon harness. The property, on the eleventh day of August, 1886, belonged to one Louis Morelock. On that day, Morelock, being indebted to the plaintiff for about the sum of three hundred and forty dollars, and being indebted to other parties, proposed to sell to plaintiff the above-named property, with other personal property Owned by him, in payment of said debt and for cash for the excess; stating at the time that his purpose was, with the balance of the money, to…
2Cases cited8 opinions
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Claflin v. RosenbergSupreme Court of Missouri · 1868
- Wright v. McCormickSupreme Court of Missouri · 1878
- Stewart v. NelsonSupreme Court of Missouri · 1883
- Defiance Machine Works v. TrislerMissouri Court of Appeals · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Halderman v. StillingtonMissouri Court of Appeals · 1895
- Zeliff v. SchusterMissouri Court of Appeals · 1888
- State ex rel. Cuomo v. HallMissouri Court of Appeals · 1891
- State ex rel. Sondheimer Co. v. StoneMissouri Court of Appeals · 1905
- Dyer v. BalsleyMissouri Court of Appeals · 1890
3 more not listed; retrieve them via the Exa API.