Hayden v. Burkemper
Missouri Court of Appeals
Writ of Error to the St. Charles Circuit Court. —Hon. W. W. Edwards, Judge. (1) The court erred in refusing the first instruction asked by defendant. It was a correct declaration of law in the case. Jenkins v. McCoy, 50 Mo. 349; Adams v. Leip, 71 Mo. 598; White v. Wear, 4 Mo. App. 341; Harris v. Turner, 46 Mo. 438; Kennett v. Plummer, 28 Mo. 145 \Morgner v. Biggs, 46 Mo. 66 ; McAllister v. Lawler, 32 Mo.
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Writ of Error to the St. Charles Circuit Court. —Hon. W. W. Edwards, Judge. (1) The court erred in refusing the first instruction asked by defendant. It was a correct declaration of law in the case. Jenkins v. McCoy, 50 Mo. 349; Adams v. Leip, 71 Mo. 598; White v. Wear, 4 Mo. App. 341; Harris v. Turner, 46 Mo. 438; Kennett v. Plummer, 28 Mo. 145 \Morgner v. Biggs, 46 Mo. 66 ; McAllister v. Lawler, 32 Mo. App. 91. (2) The court erred in refusing defendant’s second instruction. It was a correct declaration of law in the case. Adams v. Leip, 71 Mo. 597; Jenkins v. McCoy, 50 Mo. 348; Harris r>.…
1Opinion of the CourtRombauer, P. J.
This record raises the mooted question whether, under the 'decisions in this state, as between the mortgagor and mortgagee, in case of a forced sale, the former or the latter is entitled to the annual crop of cereals growing on "the premises sold, and unsevered from the land on the day of sale, but subsequently severed by the mortgagor, and harvested while he is still in possession of the premises.
The action is one of replevin for eighteen hundred shocks of wheat, of the alleged value of eight hundred dollars. The answer, besides a general denial, raises some affirmative defenses, which we…
2Cases cited13 opinions
- Garth v. CaldwellSupreme Court of Missouri · 1880
- Pease v. Pilot Knob Iron Co.Supreme Court of Missouri · 1871
- Johnson v. HoustonSupreme Court of Missouri · 1871
- Heavilon v. Farmers BankIndiana Supreme Court · 1881
- Jenkins v. McCoySupreme Court of Missouri · 1872
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3Cited by3 opinions
- Fischer v. JohnsonMissouri Court of Appeals · 1892
- Mine LaMotte Lead & Smelting Co. v. WhiteMissouri Court of Appeals · 1904
- Hayward v. PoindexterMissouri Court of Appeals · 1921