State ex rel. Vette v. Shevlin
Missouri Court of Appeals
Appeal from the St. Louis .Circuit Court, Amos M. Thayer, Judge. If possession of personalty, on which there is a lien, is temporarily parted with and another lien attaches meanwhile, the-former does not revive against the latter. Schoul. Pers. Prop. 497; Godin v. Lond. As. Co., 1 Burr. 4S9 y Spring v. Ins.
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Appeal from the St. Louis .Circuit Court, Amos M. Thayer, Judge. If possession of personalty, on which there is a lien, is temporarily parted with and another lien attaches meanwhile, the-former does not revive against the latter. Schoul. Pers. Prop. 497; Godin v. Lond. As. Co., 1 Burr. 4S9 y Spring v. Ins. Co., 8 Wheat. 268. As the result of the testimony went to show that the horse was taken from the stable on the pretext of being returned, and was not so returned, it might as well be contended that if the property was obtained by force or fraud, that such parting with possession would…
1Opinion of the CourtThompson, J.
This case involves a conflict between a stable-keeper’s lien and a chattel mortgage. The action is upon a bond given under the sheriff, marshal, and constable’s act, under circumstances which will be hereafter stated.
The property in respect of which the controversy arose, a horse, wagon, and harness, belonging to one Albrecht, a retail butcher in St. Louis, who had the same boarded in the defendant’s stable, using the same during the day in his business with the defendant’s consent, just as all business men who have their horses boarded do. On the twenty-ninth of April, 1885, Al. brecht made…
2Cited by7 opinions
- Johanns v. . FickeNew York Court of Appeals · 1918
- Walls v. LongIndiana Court of Appeals · 1891
- Welsh v. BarnesNorth Dakota Supreme Court · 1895
- McGlasson v. HennessyAppellate Court of Illinois · 1911
- Huie v. Soo HooAppellate Division of the Superior Court of California · 1933
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