Hamilton v. Clark
Missouri Court of Appeals
Appeal from Ray Circuit Court, Hon. Geoege W. Dunn, Judge. The case and facts are stated in the opinion. I. The sale and transfer to appellant, by Hiram M, Clark, prior to his death, by an instrument of writing, for a valuable consideration paid in full therefor ®f the money or property in controversy, vested in appellant the ownership and right to the possession of the same, and Hiram M. Clark, in retaining the same, held it asbailee, and defendant, after the said Hiram M.…
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Appeal from Ray Circuit Court, Hon. Geoege W. Dunn, Judge. The case and facts are stated in the opinion. I. The sale and transfer to appellant, by Hiram M, Clark, prior to his death, by an instrument of writing, for a valuable consideration paid in full therefor ®f the money or property in controversy, vested in appellant the ownership and right to the possession of the same, and Hiram M. Clark, in retaining the same, held it asbailee, and defendant, after the said Hiram M. Clark’s death, in taking the same, was guilty of no wrong, and did not thereby become administrator de son tort, and had…
1Opinion of the CourtEllison, J.
This is an action of replevin, based on the following petition:
“Plaintiff states that he is public administrator of Ray county, Missouri, having in charge the estate of Hiram M. Clark, deceased; that, as such administrator of said estate, he is the owner, and entitled to the possession of, the personal property, to-wit: Eight hundred and thirty-five dollars, which the defendant wrongfully detains from the plaintiff; that plaintiff, on the-day of April, demanded of defendant the-possession of said property aforesaid. Plaintiff, therefore, asks judgment for eight hundred and thirty-five…
2Cases cited12 opinions
- Morse v. ShermanMassachusetts Supreme Judicial Court · 1871
- Ober v. Carson'sSupreme Court of Missouri · 1876
- Kaufmann v. SchillingSupreme Court of Missouri · 1874
- Cunningham v. AshbrookSupreme Court of Missouri · 1855
- Chapman v. ShepardSupreme Court of Connecticut · 1872
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- United Shoe Machinery Co. v. RamloseSupreme Court of Missouri · 1908
- Green v. WhaleySupreme Court of Missouri · 1917
- Toney v. GoodleyMissouri Court of Appeals · 1894
- Gartside v. PahlmanMissouri Court of Appeals · 1891
- Benedict & Burnham Manufacturing Co. v. JonesMissouri Court of Appeals · 1895
11 more not listed; retrieve them via the Exa API.