Phillips v. Schall
Missouri Court of Appeals
Appeal from Benton Circuit Court, Hon. Jas. B. Gantt, Judge. Statement of case by the court. This is an action of replevin, for the recovery of 7,515 railway ties. The usual delivery order was made, under which the sheriff took possession of the property and delivered it to plaintiff. The suit was begun against defendant Schall alone.
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Appeal from Benton Circuit Court, Hon. Jas. B. Gantt, Judge. Statement of case by the court. This is an action of replevin, for the recovery of 7,515 railway ties. The usual delivery order was made, under which the sheriff took possession of the property and delivered it to plaintiff. The suit was begun against defendant Schall alone. His answer was á general denial, and further alleged that he was in possession of the ties as the agent and employe of Bancroft and McDaniel, the owners of the ties. On their application, Bancroft and McDaniel' were made parties defendant and answered, alleging…
1Opinion of the CourtPhilips, P. J.
— It is conceded that at the time of the institution of this action the defendants were in possession of the property. Possession of personal property is prima facie evidence of ownership, and is presumptive evidence that the possession is rightful. 1 Greenl. Evid., sect. 34; Magee v. Scott, 9 Cush. 150; Milling v. Butts, 35 Me. 139. “Possession indeed may be considered the primitive proof of title and the natural foundation of right.” Linscott v. Trask, 35 Me. 151.
In the action of replevin, therefore, it devolves upon the plaintiff to prove that at the time of the caption “he-had the general…
2Cases cited9 opinions
- Fields v. MaloneySupreme Court of Missouri · 1883
- Gray v. ParkerSupreme Court of Missouri · 1866
- Galway v. ShieldsSupreme Court of Missouri · 1877
- McDonald v. LynchSupreme Court of Missouri · 1875
- M'Donald v. WaltonSupreme Court of Missouri · 1828
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3Cited by3 opinions
- North St. Louis Planing Mill Co. v. EssexMissouri Court of Appeals · 1911
- Holt v. HanleySupreme Court of Missouri · 1912
- Black v. EmoryMissouri Court of Appeals · 1925