Legal Opinion

Wilson v. Crocket

Supreme Court of Missouri

Decided January 15, 1869PublishedCited by 4 opinions

Error to First District Court. The facts appear in the opinion of the court. I. The evidence discloses no capture or confiscation, no brand, and does not pretend to try to show that appellant was a public enemy. II. A larceny of property does not pass the title to the thief or those claiming through him, however remote. No one can transfer to another a greater inter'est in personal property than he, or the principal for whom he acts, possesses.

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Error to First District Court. The facts appear in the opinion of the court. I. The evidence discloses no capture or confiscation, no brand, and does not pretend to try to show that appellant was a public enemy. II. A larceny of property does not pass the title to the thief or those claiming through him, however remote. No one can transfer to another a greater inter'est in personal property than he, or the principal for whom he acts, possesses. The owner cannot be divested of title except by his own consent' or by operation of law. HI. The government of the United States, having no title,…

1Opinion of the CourtWagner, Judge

This was an action under the statute for the claim and delivery of personal property, brought by the plaintiff against the defendant to recover the possession of a horse. The defendant had judgment both in the Circuit and District Courts. It is needless to comment with any particularity on the instructions, as they are somewhat confused and incongruous, and some of them were wholly unsupported by any evidence in the cause.

But the record shows that there is a single point of law involved, the determination of which must decide the whole case. The plaintiff’s horse was stolen in 1862, and was…

2Cases cited3 opinions

  1. Root v. FrenchNew York Supreme Court · 1835
  2. William C. S. Ventress, Executors of Lovic Ventress, Deceased, in Error v. Neal Smith, Administrator of John Clark, DeceasedSupreme Court of the United States · 1836
  3. Wheelwright v. DepeysterNew York Supreme Court · 1806

3Cited by4 opinions

  1. National Match Co. v. Empire Storage & Ice Co.Missouri Court of Appeals · 1933
  2. Kloes v. Wurmser & LouisMissouri Court of Appeals · 1889
  3. Wellman v. WickermanSupreme Court of Missouri · 1869
  4. Bowles v. LewisSupreme Court of Missouri · 1871

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