Paragould Wholesale Grocery Co. v. Middleton
Missouri Court of Appeals
Appeal from Circuit Court of Pemiscot County. — Ho». Sterling H. McCarty, Judge. (1) So, the sale of the half interest being fraudulent and void, the defendant and the. interpleader were still at the time of the attachment and trial joint owners of the truck, upon the theory of the law most favorable to them, and one joint owner cannot maintain replevin, or interplead for it, all must join in' the suit.
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Appeal from Circuit Court of Pemiscot County. — Ho». Sterling H. McCarty, Judge. (1) So, the sale of the half interest being fraudulent and void, the defendant and the. interpleader were still at the time of the attachment and trial joint owners of the truck, upon the theory of the law most favorable to them, and one joint owner cannot maintain replevin, or interplead for it, all must join in' the suit. Farmers ’ Savings Bank v. Trust Co., 196 S. W. 37; McCabe v. Transfer Co., 131 Mo. App. 531, 110 S. "W. 606; Ingals v. Alexander, 138 Mo. 358, 39 S. W. 801; Steckman v. Bank, 126 Mo. App. 664,…
1Opinion of the CourtFarrington, J.
— The plaintiff, a creditor of W. C. Middleton, attached an automobile truck which he ■had been using in his business. W. G. Middleton, father of defendant W. O. Middleton, filed an interplea claiming the full ownership of the truck and the jury returned a verdict for the interpleader. Judgment was entered accordingly, and it is from this judgment that plaintiff appeals.
The view we take of this case requires a reversal of the judgment. We will, therefore, state the evidence most favorable to the interpleader. It is his claim that he and his son purchased this automobile truck and owned it…
2Cases cited1 opinion
- Nelson Distilling Co. v. HubbardMissouri Court of Appeals · 1893
3Cited by2 opinions
- Hirsch v. City of New York InsuranceMissouri Court of Appeals · 1924
- Muzenich v. McClainMissouri Court of Appeals · 1925