Franklin v. Gumersell
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Boyle, J. A sale of personalty, unaccompanied by a visible and notorious change of possession, is void as to creditors of the vendor. — Claflin v. Rosenberg, 42 Mo. 439 ; Allen v. Massey, 17 Wall. 351 ; Bosse v. Thomas, 3 Mo. App. 472 ; Bishop v. O’ Connell, 4 Mo. App. 578 ; Lesems. Herriford, 44 Mo. 323 ; Wrights.
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Appeal from the St. Louis Circuit Court, Boyle, J. A sale of personalty, unaccompanied by a visible and notorious change of possession, is void as to creditors of the vendor. — Claflin v. Rosenberg, 42 Mo. 439 ; Allen v. Massey, 17 Wall. 351 ; Bosse v. Thomas, 3 Mo. App. 472 ; Bishop v. O’ Connell, 4 Mo. App. 578 ; Lesems. Herriford, 44 Mo. 323 ; Wrights. McCormick, 67 Mo. 426. A subsequent change of possession will not validate the sale.— Chenery v. Palmer, 6 Cal. 119. It was the plaintiff’s duty to separate her goods from those of the execution debtor. — Lewis s. Whitteman, 5 N H. 364;…
1Opinion of the CourtHayden, J.
This is an action in the nature of trespass de bonis asporlatis. After a general denial, the defendants pleaded that the goods were taken by the sheriff by virtue of a writ of attachment in a suit in which the defendants were plaintiffs, and Carabin & Co. were defendants, the levy having been on the goods as the property of the latter, who were debtors of the present defendant; that the present plaintiff thereupon claimed the property as hers, and the defendants gave the sheriff a bond to indemnify him, according to law, which was filed in the attachment case. It appeared that Carabin & Co.,…
2Cases cited13 opinions
- Bond v. WardMassachusetts Supreme Judicial Court · 1810
- Thornburgh v. HandCalifornia Supreme Court · 1857
- Wright v. McCormickSupreme Court of Missouri · 1878
- Paige v. O'NealCalifornia Supreme Court · 1859
- Wetzell v. WatersSupreme Court of Missouri · 1853
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3Cited by4 opinions
- Smith v. MottleyCourt of Appeals for the Sixth Circuit · 1906
- In re StewartDistrict Court, N.D. New York · 1910
- Davis v. KrumMissouri Court of Appeals · 1882
- State ex rel. Hakemeyer v. HellmanMissouri Court of Appeals · 1886