Huiser v. Beck
Missouri Court of Appeals
“Appeal from, the Vernon Circuit Cowrt. — Hon. D. P. ■Stratton, Judge. (1) There was no delivery of the mortgage by Beck to interpleaders. Turner v. Carpenter et al., 83 Mo. 333; Clemence Ells et al. v. Railroad, 40 Mo.
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“Appeal from, the Vernon Circuit Cowrt. — Hon. D. P. ■Stratton, Judge. (1) There was no delivery of the mortgage by Beck to interpleaders. Turner v. Carpenter et al., 83 Mo. 333; Clemence Ells et al. v. Railroad, 40 Mo. App. 165; Huey v. Huey, 65 Mo. 689; Miller et al. v. Lull-man, adm’r, et al., 81 Mo. 311; Hammerslough v. Cheatham et al., 84 Mo. 13; Scott et al. v. Scott, 95 Mo. 300. (2) Even though delivered, not having been put upon record until áfter the levy of the writ of attachment, it was of no validity against said writ. Revised Statutes, 1889, sec. 5176; Rawlins v. Bean et al., 80…
1Opinion of the CourtSmith, P. J.
The appellant in this appeal wastho plaintiff in an action of attachment brought by him against one Beck. The sheriff, under the writ of attachment, at three o'clock, p. m., on November 19, 1891, levied upon twenty head of steers as the property of Beck. At the return time of the writ, Potter and McCracken interpleaded in the cause, claiming to be the owners of the steers levied on.
At the trial the interpleaders had judgment, and the plaintiff, in the attachment suit, has appealed from that judgment.
The attachment plaintiff, by his appeal, questions the propriety of the action of the trial…
2Cases cited15 opinions
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
- Huey v. HueySupreme Court of Missouri · 1877
- Bevans v. BoltonSupreme Court of Missouri · 1862
- Hammerslough v. CheathamSupreme Court of Missouri · 1884
- Spooner v. RossMissouri Court of Appeals · 1887
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3Cited by5 opinions
- First Nat. Bank of Buchanan County v. ConnettCourt of Appeals for the Eighth Circuit · 1905
- Harris v. ColiverWest Virginia Supreme Court · 1928
- State ex rel. St. Louis Brewing Ass'n v. MurphyMissouri Court of Appeals · 1895
- Rendlen v. EdwardsMissouri Court of Appeals · 1906
- State Ex Rel. Smith v. BoudreauMissouri Court of Appeals · 1935