Gibson v. Swofford
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Son. Ohesley A. Mosman, Judge. (1) In a replevin suit there must he some evidence sufficiently recent as Avill enable a jury to reasonably and fairly arrive at the value of the property sued for at the time of the trial or the verdict Avill not be alloAved to stand. Archer v. Schaffer, 25 Mo. App. 1. (2) In this case the only evidence of title to support the verdict Avas that deceased once in his lifetime OAvned this property.
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Appeal from Buchanan Circuit Court. — Son. Ohesley A. Mosman, Judge. (1) In a replevin suit there must he some evidence sufficiently recent as Avill enable a jury to reasonably and fairly arrive at the value of the property sued for at the time of the trial or the verdict Avill not be alloAved to stand. Archer v. Schaffer, 25 Mo. App. 1. (2) In this case the only evidence of title to support the verdict Avas that deceased once in his lifetime OAvned this property. The suit seems to have been a proceeding to examine the defendant’s memory and conscience as to the Avhereabouts and title of the…
1Opinion of the CourtEllison, J.
The plaintiff is public administrator of the estate of W. 0. Swofford, deceased, and the defendant is the father of the deceased. The son was married to- Della E. Swofford and she was appointed administratrix of his estate and, as such, brought this action in replevin for a lot of personal property. She married and then the present plaintiff was substituted in her stead as plaintiff. The jury found for the plaintiff and assessed the value of the property at the time of the trial at $100 and likewise assessed the damages at $10.
There, was no substantial dispute as to defendant’s having the…
2Cited by2 opinions
- Dorrell v. SparksMissouri Court of Appeals · 1910
- Evans v. WilliamsMissouri Court of Appeals · 1928