Woodson v. Carson
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) Respondent’s mere unexplained possession of the goods at the time we -levied, gave him a prima facie right to recover them from us. Mere possession is prima facie evidence of right. Hence our admission. Best’s Prin.
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Appeal from Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) Respondent’s mere unexplained possession of the goods at the time we -levied, gave him a prima facie right to recover them from us. Mere possession is prima facie evidence of right. Hence our admission. Best’s Prin. Evi., pp. 30, 299, 358; Wharton, Evi., secs. 1331 and 1336; Vastine v. Wilding, 45 Mo. 89. (2) But where possession which, prima facie, is evidence of right, is shown to be wrongful, it will not sustain replevin. McMaMU v. Walker, 22 Mo. App. 170; Wright v. Richmond, 21 Mo. App. 76; Smithv. Lydick, 42 Mo. 209;…
1Opinion of the CourtMacfarlane, J.
On the sixth of June, 1893, A. J. Levin by deed of trust conveyed to plaintiff Woodson as trustee a stock of goods, to secure certain creditors therein named. The trust deed recited that said A. J. Levin was indebted to the Saxton National Bank in the sum of $1,651.97; to Annie Levin in the sum of $1,600; to Max Litzitzsky in the sum of $300; to Mark Streicher & Company in the sum of $1,463.95; to John F. Stratton & Son in the sum of $652.75, and to Peabody & Engelsman in the sum of $1,864.86. The deed of trust then recited that if anyone should pay off the whole of the indebtedness within…
2Cases cited5 opinions
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1890
- Boland v. RossSupreme Court of Missouri · 1894
- Hardcastle v. FisherSupreme Court of Missouri · 1856
- King v. BaileySupreme Court of Missouri · 1843
- Fahy v. GordonSupreme Court of Missouri · 1896
3Cited by9 opinions
- Kingman & Co. v. Cornell-Tebbetts Machine & Buggy Co.Supreme Court of Missouri · 1899
- Spears v. ShermanTennessee Supreme Court · 1923
- Farmers & Merchants Bank v. OrmeArizona Supreme Court · 1898
- Turner v. Drees Hardware & Furniture Co.Missouri Court of Appeals · 1921
- Batavia v. WallaceCourt of Appeals for the Eighth Circuit · 1900
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