Bayless v. Lefaivre
Supreme Court of Missouri
Appeal from, St. Charles Circuit Court. Plaintiff asked the following instructions: 1. Peaceable possession of personal property is prima facie evidence of ownership, and in this case can only be rebutted by proof of title in the defendant himself.
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Appeal from, St. Charles Circuit Court. Plaintiff asked the following instructions: 1. Peaceable possession of personal property is prima facie evidence of ownership, and in this case can only be rebutted by proof of title in the defendant himself. Evidence, therefore, tending merely to show that the colt in controversy belonged to some third person, not a party to this suit, cannot avail the defendant as a defence or justification of his taking the property out of plaintiff’s possession. 2. If it appear from the evidence that the colt in controversy was in the peaceable possession of…
1Opinion of the CourtHolmes, Judge
The plaintiff had taken up a stray colt and kept possession of it for a year without any proceedings as a taker up of stray animals, under the statute concerning strays. (R. C. 1855, p. 1506.) At the end of that time the colt strayed again from him, and was taken up by another person, and, while in his possession, was claimed by the defendant as his property, and the animal was given up to him. The plaintiff now brings this suit to recover the same as his property, unlawfully detained. By this act ( § 33) any person who takes up a stray, and fails to comply with the provisions of the act, is…
2Cases cited2 opinions
- Ray v. DavisonSupreme Court of Missouri · 1857
- Woolsey v. SaundersNew York Supreme Court · 1848
3Cited by6 opinions
- Wright v. RichmondMissouri Court of Appeals · 1886
- Scott v. RileyMissouri Court of Appeals · 1892
- Campbell v. BrownMissouri Court of Appeals · 1910
- Moore v. HensleyMissouri Court of Appeals · 1915
- Pope v. CordellSupreme Court of Missouri · 1871
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