Mattison v. Hooberry
Missouri Court of Appeals
Appeal from Texas Circuit Court. — How. L. B. Wood-side, Judge. For the purposes of this case it may be conceded that plaintiff could maintain replevin for his own wheat, even though mingled with and a part of a larger mass. But we contend that under the evidence separation and appropriation were necessary to pass title from defendant, and as title, general or special, is a prerequisite to a replevin suit, this action must fail. O’Neal v. Stone, 79 Mo.
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Appeal from Texas Circuit Court. — How. L. B. Wood-side, Judge. For the purposes of this case it may be conceded that plaintiff could maintain replevin for his own wheat, even though mingled with and a part of a larger mass. But we contend that under the evidence separation and appropriation were necessary to pass title from defendant, and as title, general or special, is a prerequisite to a replevin suit, this action must fail. O’Neal v. Stone, 79 Mo. App. 285; Potter v. Mt. Yernon Roller Mill Co., 73 S. W. 1005; Lawson on Bailments, sec. 8; Tiedeman on Sales, sec. 12; State v. Wingfield,…
1Opinion of the CourtGoode, J.
This is an action of replevin for sixteen bushels of wheat. The bill of exceptions recites as follows:
*288“Now at this day, this cause coming on to be heard, and both parties, plaintiff and defendant, appearing and announcing ready for trial; the plaintiff, to sustain the issues on his part, introduced evidence tending to prove the following facts, to-wit:
“That plaintiff and defendant are neighboring farmers in Texas county, Missouri; that each, in the year 1902, raised, harvested and threshed a wheat crop on his respective farm. That plaintiff threshed his crop of wheat first. That at or about…
2Cases cited1 opinion
- Schnabel v. ThomasMissouri Court of Appeals · 1903
3Cited by2 opinions
- Rankin v. WyattSupreme Court of Missouri · 1934
- Wilkison v. GrugettMissouri Court of Appeals · 1929