Keithley v. Southworth
Missouri Court of Appeals
Appeal from the Texas Circuit Court. — Hon. L. B. Woodside, Judge. The property in issue being exempt under the law, the interpleader could claim and show this fact, and instructions number 7, 8 and 9 should have been given by the court. Stein v. Burnett, 43 Mo. App. 477; Kulagev. Schueler, 6 Mo. App. 250; Hombs v. Corbin, 20 Mo.
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Appeal from the Texas Circuit Court. — Hon. L. B. Woodside, Judge. The property in issue being exempt under the law, the interpleader could claim and show this fact, and instructions number 7, 8 and 9 should have been given by the court. Stein v. Burnett, 43 Mo. App. 477; Kulagev. Schueler, 6 Mo. App. 250; Hombs v. Corbin, 20 Mo. App. 497. The burden of proof was upon plaintiff to show that the bill of sale — the written contract between L. O. and J. E. Southworth — was fraudulent, it being regular on its face, and on this theory instruction number 9 should have been given. Albert v. Besel,…
1Opinion of the Court
Bland, P. J. —
Plaintiff begun his suit by an attachment against L. C. Southworth on an account of $66.96, before a justice of the peace. A writ of attach*444ment was issued and delivered to the constable, wbo served the same by seizing two horses, a set of harness and a road wagon as the property of defendant, but found in the possession of the interpleader. The interpleader gave a delivery bond, retained the property, and filed his interplea claiming the property as his own. Prom a judgment of the justice the suit on the interplea was appealed to the circuit court. A trial de novo was had in the…
2Cases cited3 opinions
- Hombs v. CorbinMissouri Court of Appeals · 1889
- Kulage v. SchuelerMissouri Court of Appeals · 1879
- State ex rel. Niemann v. KochMissouri Court of Appeals · 1891
3Cited by1 opinion
- Wabash Railroad v. BowringMissouri Court of Appeals · 1903