Chandler v. West
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge . (1) Plaintiff had neither the legal title nor right to possession, and he cannot recover in trover. Myers v. Hale, 17 Mo.
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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge . (1) Plaintiff had neither the legal title nor right to possession, and he cannot recover in trover. Myers v. Hale, 17 Mo. App. 204. (2) Plaintiff’s debt not being due and by the terms of the mortgage the mortgagor being entitled to the possession, and, having possession, had the title, which he could mortgage or sell, and had an interest which might be seized under process and sold, and the mortgagee or purchaser take the possessory right and title of the mortgagor. Bank v. Metcalf \ 29 Mo. App. 391, and cases cited; Hickman…
1Opinion of the CourtSmith, P. J.
The plaintiff brought suit against defendant in the circuit court of Audrain county for the wrongfully taking and converting to his own use “one white roan milch cow about six years old, three two-year-old steers, two two-year-old steers and one yearling steer,” whereby he was damaged in the sum of five hundred dollars. The answer denied generally the allegations of the plaintiff’s petition.
About the only questions presented by the record arise on the defendant’s demurrer to the plaintiff’s evidence.
The plaintiff, to maintain the issue, gave in evidence a mortgage executed to him by one…
2Cases cited8 opinions
- Stonebraker v. FordSupreme Court of Missouri · 1884
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
- Hughes v. MenefeeMissouri Court of Appeals · 1888
- Hickman v. DillMissouri Court of Appeals · 1888
- State ex rel. McGrath v. CarrollMissouri Court of Appeals · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Bank of Little Rock v. FisherMissouri Court of Appeals · 1893
- Estes v. SpringerMissouri Court of Appeals · 1891
- Hill v. Campbell Commission Co.Nebraska Supreme Court · 1898
- Kennedy v. DodsonMissouri Court of Appeals · 1891
- Boeger v. LangenbergMissouri Court of Appeals · 1890
17 more not listed; retrieve them via the Exa API.