Page v. Culver
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Henky M, Eamey, Judge. (1) The instruction given by the court on the part of the respondent, ordering the jury to find for the respondent, is erroneous. The court should have instructed the jury to find for the appellant. McAllister v. Lawler, 32 Mo. App. 91; Oyster v. Oyster, 32 Mo.
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Appeal from the Buchanan Circuit Court. — Hon. Henky M, Eamey, Judge. (1) The instruction given by the court on the part of the respondent, ordering the jury to find for the respondent, is erroneous. The court should have instructed the jury to find for the appellant. McAllister v. Lawler, 32 Mo. App. 91; Oyster v. Oyster, 32 Mo. App. 270-275; Adams v. Leip, 71 Mo. 597; Jenkins v. McCoy, 50 Mo. 348; Harris v. Turner, 46 Mo. 438; Morgner v. Biggs, 46 Mo. 65; Baker v. Mclntwrf, 49 Mo. App. 505. (2) Without ownership or right of possession, respondent’s action in trover and conversion cannot be…
1Opinion of the CourtSmith, P. J.
The plaintiff sued the defendant in trover and unlawful conversion to recover the value of five hundred bushels of corn.
It appears that one William Murrin died seized of the land upon which the corn in controversy was grown; that after his death and pending the administration of his estate the defendant was appointed guardian of his two minor children, and as such guardian he rented the land to several different tenants in several parcels, to be cultivated in corn during the cropping season of 1888.
On the seventeenth day of May, 1888, the probate court ordered a sale of the land for the…
2Cases cited5 opinions
- Hecht v. DettmanSupreme Court of Iowa · 1881
- Selb v. MontagueIllinois Supreme Court · 1882
- Culverhouse v. WortsMissouri Court of Appeals · 1888
- Vaughn v. LockeSupreme Court of Missouri · 1858
- Foote v. OvermanAppellate Court of Illinois · 1886
3Cited by5 opinions
- First National Bank v. MaxeyArizona Supreme Court · 1928
- Vantage Mining Co. v. BakerMissouri Court of Appeals · 1913
- Chandler v. Pittsburgh Plate Glass Co.Indiana Court of Appeals · 1898
- Allen v. PullamMissouri Court of Appeals · 1928
- Allen v. McDonaldMissouri Court of Appeals · 1895