Barnes v. Rawlings
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. There is no principle of law more clearly settled than in replevin suits. First. All equities and interests of the parties as to the property in dispute should be settled in the replevin suit. Second. If plaintiff is found in possession and defendant has a special interest the jury must ascertain such special interest and the verdict must be for such interest and not the full value of the property. Third.
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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. There is no principle of law more clearly settled than in replevin suits. First. All equities and interests of the parties as to the property in dispute should be settled in the replevin suit. Second. If plaintiff is found in possession and defendant has a special interest the jury must ascertain such special interest and the verdict must be for such interest and not the full value of the property. Third. The defendant can not recover for both the use and value of the property, but his recovery is limited to the amount of his…
1Opinion of the CourtBland, P. J.
statement. — In August, 1894, plaintiff Barnes :sold to one Walker a separator, saw mill, straw stacker, engine and log wagon on the following terms, as testified by Barnes, and corroborated by other witnesses. Walker agreed to take the property and to run it, hire hands as cheaply as he could, keep up all expenses, allow himself $2 per day and what he made over and above expenses and the $2 per day for himself, he agreed to pay over to Barnes, and it was further agreed when Walker’s payments to Barnes should amount in the aggregate to $650, the property should become Walker’s. It was further…
2Cases cited3 opinions
- Dilworth v. McKelvySupreme Court of Missouri · 1860
- Boutell v. WarneSupreme Court of Missouri · 1876
- Peters v. LowensteinMissouri Court of Appeals · 1891
3Cited by4 opinions
- Anthony v. CarpCourt of Appeals of Kansas · 1901
- McWherter v. RandallMissouri Court of Appeals · 1921
- Barnes v. RawlingsMissouri Court of Appeals · 1900
- Toledo Computing Scale Co. v. AubuchonMissouri Court of Appeals · 1915