Thomas v. Ramsey
Missouri Court of Appeals
Appeal from the Cole Circuit Court. — Hon. E. L. Edwards, Judge. (1) Instruction, numbered 3, given for plaintiff was erroneous. First. Mere spotting the ties was not sufficient to pass the title thereto between Walls and plaintiff, nor to vest the property in the latter as against Ramsey. Nicholson v. Golden, 27 Mo.' App. 132, 153; Steioart v. Nelson, 79 Mo. 524; Grant v. United States, 7 Wallace, 331. Second.
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Appeal from the Cole Circuit Court. — Hon. E. L. Edwards, Judge. (1) Instruction, numbered 3, given for plaintiff was erroneous. First. Mere spotting the ties was not sufficient to pass the title thereto between Walls and plaintiff, nor to vest the property in the latter as against Ramsey. Nicholson v. Golden, 27 Mo.' App. 132, 153; Steioart v. Nelson, 79 Mo. 524; Grant v. United States, 7 Wallace, 331. Second. Said instruction ignores plaintiff’s own evidence, that, by the contract between him and Walls, the tiés were to be delivered at the mouth of the Osage river, and hence the title did…
1Opinion of the CourtSmith, P. J.
The plaintiff brought suit against the defendant in the Cole county circuit court, alleging in his petition that, on March 19, 1888, he was the owner of and in the possession of nine hundred and sixty-two. railroad ties on the banks of the Osage river and in the woods in Cole county, of the value of $250, which the defendant afterwards, on the twenty-ninth of March, 1888, wrongfully, forcibly and without the knowledge or permission of plaintiff took, carried away and converted to his own use, etc. The answer was a general denial. At the trial, the plaintiff, to maintain the issue in his…
2Cases cited24 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Greenway v. JamesSupreme Court of Missouri · 1864
- Young v. GlascockSupreme Court of Missouri · 1883
- Kersey v. GartonSupreme Court of Missouri · 1883
19 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Schmidt v. RozierMissouri Court of Appeals · 1906
- Davis v. TandyMissouri Court of Appeals · 1904
- Williamson v. PayneSupreme Court of Virginia · 1905
- In re Ozark Cooperage & Lumber Co.Court of Appeals for the Eighth Circuit · 1910
- State ex rel. Fleming v. HendersonMissouri Court of Appeals · 1900
5 more not listed; retrieve them via the Exa API.