Bilby v. Hartman
Missouri Court of Appeals
Appeal from Atchison Circuit Court, Hon. C. A. Anthony, Judge. Statement of case by the court. This is an action of replevin to recover the possession of a crop of corn standing in the field.
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Appeal from Atchison Circuit Court, Hon. C. A. Anthony, Judge. Statement of case by the court. This is an action of replevin to recover the possession of a crop of corn standing in the field. The controversy grew out of the following state of facts: In June, 1886, Hunter & Brother, who are defendants herein, recovered judgment in a justice’s court against John C. Hunt, A. L. Hunt, and W. T. Hunt, for $182.12. Execution issued thereon on the fourth day of June, 1886, and on the same day the writ was received by the constable. On the sixteenth day of July, 1886, he went to the farm, where W. T.…
1Opinion of the CourtPhilips, P. J.
The execution was delivered to the constable on the fourth day of June, 1886. It *135became a lien on the corn in question from the time of such delivery. B-ev. Stat., sec. 3017. The plaintiff was not a subsequent pledgee or purchaser in good faith so as to exempt him from the operation of this lien. < The price of the corn was only to be applied, when ascertained, as a credit on a preexisting indebtedness of Hunt to plaintiff. To constitute him an innocent purchaser, under the statute in question, he must have parted with something of-value upon the faith of his purchase, and before he had…
2Cases cited2 opinions
- Duncan v. MatneySupreme Court of Missouri · 1860
- Balch v. PatteeSupreme Judicial Court of Maine · 1854
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