Hartt v. Leavenworth
Supreme Court of Missouri
APPEAL from St. Francois Circuit Court. 1. It is substantially proved that the stove and appurtenances in controversy were the property of Henry N. Hartt, and'no evidence has been given that he was ever lawfully divested of his property therein, or that Crain ever had title to, or possession of said property. 2. The sale of the property by virtue of execution against Crain, as the property of Cra'in, could not divest Hartt of title to the property in controversy, as he was…
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APPEAL from St. Francois Circuit Court. 1. It is substantially proved that the stove and appurtenances in controversy were the property of Henry N. Hartt, and'no evidence has been given that he was ever lawfully divested of his property therein, or that Crain ever had title to, or possession of said property. 2. The sale of the property by virtue of execution against Crain, as the property of Cra'in, could not divest Hartt of title to the property in controversy, as he was not a party, or privy to said execution. 3. The mere fact that the stove was directed to Crain, under the circumstances,…
1Opinion of the CourtNapton, J.
This was an action of detinue brought by Iiartt, the appellant, to recover a cooking stove with its appurtenances. A trial was had in 1844, in St. Genevieve, which resulted in a verdict for the plaintiff; but the court granted a new trial. The defendant took a change of venue to St. Francois, where the case was'tried by the court, without a jury, and a verdict given for the defendant.
Upon the trial, it appeared from the depositions of two witnesses, that the cooking stove belonged to the plaintiff, who resided in the city of Louisville; that his wife and child, in company with her mother,…
2Cited by7 opinions
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- Graney v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1900
- In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917
- Moore v. HutchinsonSupreme Court of Missouri · 1879
- Morris v. BarnesSupreme Court of Missouri · 1865
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