Legal Opinion

Stewart v. Outhwaite

Supreme Court of Missouri

Decided November 23, 1897PublishedCited by 19 opinions

Appeal from Henry Circuit Court. — Hon. James H. Lay, Judge. (1) The evidence is undisputed that the inter-pleader had a written bill of sale for the goods, and was in the actual possession thereof when the attachment was levied. These gave the interpleader prima facie title” at the time of the seizure, and the burden of proof was thereby cast upon Stewart, the assignee, to show that the interpleader’s prima fade title was wrongful and fraudulent.

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Appeal from Henry Circuit Court. — Hon. James H. Lay, Judge. (1) The evidence is undisputed that the inter-pleader had a written bill of sale for the goods, and was in the actual possession thereof when the attachment was levied. These gave the interpleader prima facie title” at the time of the seizure, and the burden of proof was thereby cast upon Stewart, the assignee, to show that the interpleader’s prima fade title was wrongful and fraudulent. Singer v. Goldenburg, 17 Mo. App. 549; Albert v. Besel, 88 Mo. 150; Shoe Co. v. Gasebeer, 53 Mo. App. 640; Taylor v. Crockett, 27 S. W. Rep. 620.…

1Opinion of the CourtBarclay, P. J.

— The St. Clair County Bank began ap action against Mr. Chas. F. Outhwaite on notes aggregating about $3,200, AprillO, 1893. At the same time the bank sued out an attachment. The writ was levied on two mules and also on a stock of drugs and some other personalty, as the property of Outhwaite. The property was found in possession of Mr. Robt. Edwards, who clainaed to own it. He gave bond to have it forthcoming. He afterward filed an interplea in the attachment case, asserting his claim to all the property seized by the sheriff under the writ. Before the interplea came to final trial the bank…

2Cases cited5 opinions

  1. Hill v. Meyer Brothers' Drug Co.Supreme Court of Missouri · 1897
  2. State v. SmithSupreme Court of Missouri · 1873
  3. Berry v. WilsonSupreme Court of Missouri · 1876
  4. Alberger v. WhiteSupreme Court of Missouri · 1893
  5. Alkire Grocer Co. v. BallengerSupreme Court of Missouri · 1897

3Cited by19 opinions

  1. Boa v. San Francisco-Oakland Terminal Rys.California Supreme Court · 1920
  2. Seago v. New York Central Railroad Co.Supreme Court of Missouri · 1942
  3. Sherman v. Indianapolis Traction & Terminal Co.Indiana Court of Appeals · 1911
  4. Snoqualmi Realty Co. v. MoynihanSupreme Court of Missouri · 1904
  5. Deitring v. St. Louis Transit Co.Missouri Court of Appeals · 1905

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