Young v. Kellar
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) The sale of the property in controversy, made to the defendant, under the order of the circuit court of Lafayette county, vested good title in the defendant. R. S. 1879, secs. 424-25-70 ; Taylor v. Carryl, 24 Pa. St. 259 ; 2 Smith’s Lead.
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Appeal from St. Louis Court of Appeals. (1) The sale of the property in controversy, made to the defendant, under the order of the circuit court of Lafayette county, vested good title in the defendant. R. S. 1879, secs. 424-25-70 ; Taylor v. Carryl, 24 Pa. St. 259 ; 2 Smith’s Lead. Cas., part 2, pp. 973-4. The reason assigned by these authorities is two-fold, namely: (a) Because the proceeding is in rem; and this ground is favored by Paine v. Moorland, 15 Ohio, 435 ; Freeman v. Thompson, 53 Mo. 183, and Williams v. Armroyd, 7 Cranch [11 U. S.] 432. (b) Because the sale is made by the state…
1Opinion of the CourtSherwood, J.
Action of replevin for a stock of *585goods brought by plaintiff, Young, against defendant, Kellar. The answer of Kellar contained two counts; the first denies that Young is the owner of the goods, etc.; the second count sets forth that Kellar is the owner of the goods and was such owner at the time of the institution of the suit; that several suits by attachment were instituted in the circuit court of Lafayette county by divers parties against one Wm. Knipmeyer, the grounds of attachment being that Knipmeyer was about fraudulently to dispose of his property, etc.; that, by virtue of the several…
2Cases cited11 opinions
- James L. v. CarrylSupreme Court of the United States · 1858
- Dougherty v. CooperSupreme Court of Missouri · 1883
- The TiltonU.S. Circuit Court for the District of Massachusetts · 1830
- Grant v. M'LachlinNew York Supreme Court · 1809
- Griffith v. FowlerSupreme Court of Vermont · 1846
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Conrad v. FisherMissouri Court of Appeals · 1889
- Nelson Distilling Co. v. HubbardMissouri Court of Appeals · 1893
- William Deering & Co. v. CollinsMissouri Court of Appeals · 1889
- Betterton v. EppsteinTexas Supreme Court · 1890
- Citizens Trust Co. v. EldersMissouri Court of Appeals · 1923
14 more not listed; retrieve them via the Exa API.