Westbay v. G. D. Milligan & Son
Missouri Court of Appeals
Appeal from Barry Circuit Court. — Hon. Henry Glay Pepper, Judge. STATEMENT OE THE CASE. This is the second appeal in this case. Our decision on the former appeal is reported in 71 Mo. xlpp. 179, -where the material facts appearing on the first trial are stated. ’ On the second trial, plaintiff introduced in evidence a conveyance of the goods in dispute by A. W. Brown, the-general owner, to A. Y. Darroch, to secure certain creditors, which authorized a sale for that purpose.
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Appeal from Barry Circuit Court. — Hon. Henry Glay Pepper, Judge. STATEMENT OE THE CASE. This is the second appeal in this case. Our decision on the former appeal is reported in 71 Mo. xlpp. 179, -where the material facts appearing on the first trial are stated. ’ On the second trial, plaintiff introduced in evidence a conveyance of the goods in dispute by A. W. Brown, the-general owner, to A. Y. Darroch, to secure certain creditors, which authorized a sale for that purpose. This instrument was not recorded, nor was there any evidence on this trial of a sale thereunder. When it was made, the…
1Opinion of the CourtBond, J.
To recover in replevin the plaintiff, in an action involving the issue of title, must be able to show title, general or special, to the property and a right to its immediate and exclusive possession in, himself. In the absence of all evidence as to title in either party, possession of the property by one of them affords a prima facie presumption of title in him which disappears when the evidence on that issue supervenes. Springfield Grocer Co. v. Shackleford, 56 Mo. App. 642. In the case at bar, the testimony of plaintiff’s witness, J. S. Bender, is that plaintiff denied that he (plaintiff)…
2Cases cited2 opinions
- Springfield Grocer Co. v. ShackelfordMissouri Court of Appeals · 1894
- Daudt v. HarmonMissouri Court of Appeals · 1884
3Cited by2 opinions
- Silsby v. WickershamMissouri Court of Appeals · 1913
- In re 8760 Serv. Grp., LLCUnited States Bankruptcy Court, W.D. Missouri · 2018