Legal Opinion

Mattison v. Hooberry

Missouri Court of Appeals

Decided February 2, 1904PublishedCited by 2 opinions

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

  1. Schnabel v. ThomasMissouri Court of Appeals · 1903

3Cited by2 opinions

  1. Rankin v. WyattSupreme Court of Missouri · 1934
  2. Wilkison v. GrugettMissouri Court of Appeals · 1929

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