Legal Opinion

Buller v. Woods

Missouri Court of Appeals

Decided February 2, 1891PublishedCited by 2 opinions

Appeal from the Jasper Circuit Court. — Hon. M. G. McGregor, Judge. (1) The order of the sale of the ties made by the circuit court of Cedar county was an adjudication in rem and conclusive and bindiug upon all the world in the same manner and to the same effect as any other finding and adjudication of a court of competent jurisdiction, Freeman v. Thompson, 53 Mo. 183, 190; Johnson v. Beasley, 65 Mo. 250 ; Cray r.

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Appeal from the Jasper Circuit Court. — Hon. M. G. McGregor, Judge. (1) The order of the sale of the ties made by the circuit court of Cedar county was an adjudication in rem and conclusive and bindiug upon all the world in the same manner and to the same effect as any other finding and adjudication of a court of competent jurisdiction, Freeman v. Thompson, 53 Mo. 183, 190; Johnson v. Beasley, 65 Mo. 250 ; Cray r. Boioles, 74 Mo. 423 ; Lawrence County v. Hall, 79 Ind. 359 ; Braioley v. Ramsay, 67 Mo. 280 ; Dunham v. Wilfing, 69 Mo. 355 ; Rumfelt v. O’Brien, 57 Mo. 570 ; State v. Fvans, 83 Mo.…

1Opinion of the CourtGill, J.

This is an action for damages for the alleged conversion of a large lot of railroad ties claimed by plaintiff as purchaser at a sheriff’s sale under the order of the Cedar county circuit court, in an attachment case then pending, entitled Elisha Bedwell v. Creed Bedwell. The cause was submitted to-a jury, who, under the court’s instructions, found for defendants, and plaintiff appeals. There is no question that Creed Bedwell was the former owner of the ties in question. He got them out and deposited them in large piles along the line of the defendant, Kansas City, Fort Scott and Memphis…

2Cases cited10 opinions

  1. State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
  2. Kane v. McCownSupreme Court of Missouri · 1874
  3. Freeman v. ThompsonSupreme Court of Missouri · 1873
  4. Young v. KellarSupreme Court of Missouri · 1887
  5. Decker v. ArmstrongSupreme Court of Missouri · 1885

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3Cited by2 opinions

  1. Jones v. SpringerNew Mexico Supreme Court · 1909
  2. State ex rel. North v. HadlockMissouri Court of Appeals · 1893

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