Bank of Atchison County v. Shackelford
Missouri Court of Appeals
Appeal from the Atchison Circuit Court. — Hon. Cybus A. Anthony, Judge. (1) In replevin the plaintiff must recover upon the strength of his own title and not upon the weakness of the adversary’s title. Kennedy v. Dodson, 44 Mo. App. 550-, Rhoades v. McNulty, 52 Mo. App. 301; Bank v. Water Power Co., 58 Mo. App. 532. (2) In replevin suits the property sought to be replevied must be described, and after the levy the description of the property can not be changed.
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Appeal from the Atchison Circuit Court. — Hon. Cybus A. Anthony, Judge. (1) In replevin the plaintiff must recover upon the strength of his own title and not upon the weakness of the adversary’s title. Kennedy v. Dodson, 44 Mo. App. 550-, Rhoades v. McNulty, 52 Mo. App. 301; Bank v. Water Power Co., 58 Mo. App. 532. (2) In replevin suits the property sought to be replevied must be described, and after the levy the description of the property can not be changed. They can not substitute other property. Foundry Co. v. Schloss, 43 Mo. App. 304; Grant v. Barber, 38 Mo. 160; Mahoney v. Smith, 7 Mo.…
1Opinion of the CourtSmith, P. J.
The case may be stated in thiswise: On May 25, 1895, William Sutter, being indebted to plaintiff by note in the sum of $135, executed to plaintiff a chattel mortgage covering six barrels of *479apple brandy, numbered by tbe United States gauger, 7, 8, 9, 10, 12, and 13, and also two barrels not yet gauged, all of said barrels then in store at the distillery and residence of the said Sutter, near Eockport, Atchison county, Missouri. Subsequently, the defendant, Shackelford, under two writs of execution to him directed and delivered, against the said Sutter, levied the same on four barrels of apple…
2Cases cited19 opinions
- Stonebraker v. FordSupreme Court of Missouri · 1884
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
- Haniford v. City of KansasSupreme Court of Missouri · 1890
- Hughes v. MenefeeMissouri Court of Appeals · 1888
- Chandler v. WestMissouri Court of Appeals · 1889
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3Cited by2 opinions
- City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
- In re WadeDistrict Court, W.D. Missouri · 1911