Spooner v. Ross
Missouri Court of Appeals
Appeal from Linn Circuit ■ Court, Hon. A. C. Eubanks, Special Judge. Statement of case by the court. In February, 1888, the plaintiff rented to defendant,, Ross, her farm for the period of two years, beginning on the first day of March, 1883, and ending on the first day of March, 1885, at an annual rental of three thousand dollars, payable in advance.
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Appeal from Linn Circuit ■ Court, Hon. A. C. Eubanks, Special Judge. Statement of case by the court. In February, 1888, the plaintiff rented to defendant,, Ross, her farm for the period of two years, beginning on the first day of March, 1883, and ending on the first day of March, 1885, at an annual rental of three thousand dollars, payable in advance. By the terms of the contract, the plaintiff was to furnish for the use of the lessee, on the farm, fifteen head of cows, to be kept by the lessee. The calves, or increase, of these cows, was to be the joint property of the lessor and lessee, in…
1Opinion of the CourtPhilips, P. J.
I. This proceeding is certainly somewhat novel, and the judgment of the circuit court is unique. . The sheriff under the writ of attachment had only seized eleven head of calves. The interpleader asserted ownership in seven of these. His proof was that he became, by purchase from Ross, an owner of an undivided half interest in these eleven calves, and three others not in controversy in this action. His interest in the calves had never been severed. By his own showing he was only the owner of an undivided one-half interest in the eleven calves in controversy, which, in kind, would have been…
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