Barnes v. Rawlings
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. The preparatory instruction at the close of the case was error. As stated above, defendant acquired possession of the property with knowledge of the terms of the contract between plain tiff and Walker.
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Appeal from the Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. The preparatory instruction at the close of the case was error. As stated above, defendant acquired possession of the property with knowledge of the terms of the contract between plain tiff and Walker. If it was a sale of the property from plaintiff to Walker, the property was held by Mr. Walker subject to the lien for the purchase price, and it was a fact for the jury whether defendant did purchase the property of Walker; whether he was the owner of it and . whether he was an innocent purchaser for value without notice…
1Opinion of the CourtBond, J.
This is the second appeal in this case (74 Mo. App. 531). The question involved is the title to a separator, engine, water tank, straw stacker, saw mill, log wagon, valued at $400, -all of which plaintiff replevied from defendant. The defendant’s answer set up title in himself and a third party, and demanded a return of the property. There was a verdict and judgment for defendant, from which plaintiff appealed.
It is insisted that the evidence did not show any sale by plaintiff of the property in dispute, but simply a letting to hire. As to the contract by which plaintiff parted with the…
2Cases cited1 opinion
- Barnes v. RawlingsMissouri Court of Appeals · 1898