Campbell v. Brown
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Son. Senry (7. Riley, Judge. (1) Whenever a part of the realty is severed by a trespasser, it becomes personal property and belongs to the owner of the land on which it stood; bnt to maintain • an action of replevin therefor, the plaintiff must have in himself the right of property, general or special, coupled with the right of immediate possession, and if his title is denied the onus is upon him to prove it. Baker v. Campbell, 32 Mo.
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Appeal from Pemiscot Circuit Court. — Son. Senry (7. Riley, Judge. (1) Whenever a part of the realty is severed by a trespasser, it becomes personal property and belongs to the owner of the land on which it stood; bnt to maintain • an action of replevin therefor, the plaintiff must have in himself the right of property, general or special, coupled with the right of immediate possession, and if his title is denied the onus is upon him to prove it. Baker v. Campbell, 32 Mo. App. 529; Andrews v. Costican, 30 Mo. App. 33; Westbay v. M'illigan, 89 Mo. App. 294; Gray v. Parker, 38 Mo. 160; Scott v.…
1Opinion of the CourtCox, J.
This is a suit in replevin instituted before a justice of the peace by respondent to recover from appellants one barge load of sand. By the judgment of the justice the plaintiff was awarded possession of the property, together with costs and defendants appealed. The cause was tried in the circuit court, de novo, August, 1907, by the court, sitting as a jury, where respondent again obtained judgment and defendants have appealed to this court.
The sand in controversy was taken from a sand bar along the bank of an island of which plaintiff claimed possession. The island from which the sand was…
2Cases cited11 opinions
- Gray v. ParkerSupreme Court of Missouri · 1866
- Pharis v. JonesSupreme Court of Missouri · 1894
- Wright v. RichmondMissouri Court of Appeals · 1886
- Gartside v. NixonSupreme Court of Missouri · 1868
- Weeks v. EtterSupreme Court of Missouri · 1884
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3Cited by3 opinions
- Cullen v. JohnsonSupreme Court of Missouri · 1930
- Jackson v. FrierSupreme Court of South Carolina · 1928
- Campbell v. BrownMissouri Court of Appeals · 1911