Hombs v. Corbin
Missouri Court of Appeals
Appeal from Macon Circuit Court, at La Plata. — Hon. Andrew Ellison, Judge. Hombs was in possession of tlie goods in question, under a purchase from Johnson, and payment of a fair price, and was prima-facie owner. Corbin seeks to impeach the bona fldes of this sale and affirms in his answer that Hombs was a mala-jide purchaser, and knew that defendant held executions against Johnson.
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Appeal from Macon Circuit Court, at La Plata. — Hon. Andrew Ellison, Judge. Hombs was in possession of tlie goods in question, under a purchase from Johnson, and payment of a fair price, and was prima-facie owner. Corbin seeks to impeach the bona fldes of this sale and affirms in his answer that Hombs was a mala-jide purchaser, and knew that defendant held executions against Johnson. The burden was on the defendant to prove these affirmative allegations, and to show that Hombs’ prima-facie title was wrongful and fraudulent, and the court erred in giving defendant’s instructions 1 and 6. 1…
1Opinion of the CourtSmith, P. J.
I. This case is here the second time by appeal. Hombs v. Corbin, 20 Mo. App. 497.
It will be observed by an examination of the instructions, only twenty-one in number, that they were mainly framed so as to meet the views of this court as expressed in the opinion in 20 Mo. App. supra.
The principal contention of the plaintiff now is that the circuit court erred in giving for the defendant instructions numbered one and six which directed the jury that, upon the issue of fraud as made by the pleadings, the burden of proof was on the plaintiff.
The petition alleged that the plaintiff was the owner…
2Cases cited13 opinions
- Metropolitan Bank v. TaylorSupreme Court of Missouri · 1876
- United States v. 422 Casks of WineSupreme Court of the United States · 1828
- Albert v. BeselSupreme Court of Missouri · 1885
- State ex rel. Fulkerson v. EmmersonSupreme Court of Missouri · 1881
- Overall v. EllisSupreme Court of Missouri · 1866
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3Cited by15 opinions
- State ex rel. Nieman v. KochMissouri Court of Appeals · 1890
- Cherry v. Kansas City, Fort Scott & Memphis Railway Co.Missouri Court of Appeals · 1895
- First National Bank v. Badger Lumber Co.Missouri Court of Appeals · 1895
- School District v. MatherlyCourt of Appeals of Kansas · 1901
- State ex rel. Niemann v. KochMissouri Court of Appeals · 1891
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