Legal Opinion

Hayden v. Burkemper

Supreme Court of Missouri

Decided October 15, 1890PublishedCited by 21 opinions

Error to St. Charles Circuit Court. — Hon. W. W. Edwabds, Judge. (1) The court .erred in refusing the first instruction asked by defendant. It was a correct declaration of law in the case. ■ Jenlcins ®. McCoy, 50 Mo. 349; Adams v. Leip, 71 Mo. 598; White v. Wear, 4 Mo. App. 341; Harris v. Turner, 46 Mo. 438; Kennett v. Plumer, 28 Mo. 145; 'Morgner v. Biggs, 46 Mo. 66; McAllister v. Lawler, 32 Mo. App. 91. (2) The court erred in refusing defendant’s second instruction.

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Error to St. Charles Circuit Court. — Hon. W. W. Edwabds, Judge. (1) The court .erred in refusing the first instruction asked by defendant. It was a correct declaration of law in the case. ■ Jenlcins ®. McCoy, 50 Mo. 349; Adams v. Leip, 71 Mo. 598; White v. Wear, 4 Mo. App. 341; Harris v. Turner, 46 Mo. 438; Kennett v. Plumer, 28 Mo. 145; 'Morgner v. Biggs, 46 Mo. 66; McAllister v. Lawler, 32 Mo. App. 91. (2) The court erred in refusing defendant’s second instruction. It was a correct declaration of law in the case. Adams v. Leip, 71 Mo. 597; Jenlcins v. McCoy, 50 Mo. 348; Harris v. Turner,…

1Opinion of the CourtBlack, J.

J. R. Hayden brought this- action of replevin against Christian Burkemper to recover eighteén hundred shocks of wheat, alleged to be of the value of eight hundred dollars.

There is no dispute as to the facts. Plaintiff sold two hundred and forty acres of land to one Cambrón on the tenth of - September, 1882. Cambrón, at the same time, gave plaintiff a deed of trust on the land to secure seven notes, one for fifty-five hundred dollars, due in five years, one for two thousand dollars, due in three years, and five for three hundred and ninety-five dollars each, being annual interest notes. On the…

2Cases cited4 opinions

  1. Garth v. CaldwellSupreme Court of Missouri · 1880
  2. Jenkins v. McCoySupreme Court of Missouri · 1872
  3. Adams v. LeipSupreme Court of Missouri · 1880
  4. Harris v. TurnerSupreme Court of Missouri · 1870

3Cited by21 opinions

  1. United States v. A. D. NewcombCourt of Appeals for the Eighth Circuit · 1982
  2. Reed v. SwanSupreme Court of Missouri · 1896
  3. Timothy v. HicksMissouri Court of Appeals · 1942
  4. Blum, Admr. v. FrostMissouri Court of Appeals · 1938
  5. Fischer v. JohnsonMissouri Court of Appeals · 1892

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