Adams v. Gilchrist
Missouri Court of Appeals
Error to the Clinton Circuit Court. — Hon. William S. Herndon, Judge. (1) A surety in a bond in a judicial proceeding which keeps the owner out of possession of his property participates, by such act, in becoming surety in the trespass, and is liable the same as the principal trespasser. State v. Mitchell, 1 Mo. App. 387; Luebbering v. Oberlcoetter, 1 Mo. App. 389; Pechham v. Lin-dell, 9Mo. App. 462; Wetzellv.
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Error to the Clinton Circuit Court. — Hon. William S. Herndon, Judge. (1) A surety in a bond in a judicial proceeding which keeps the owner out of possession of his property participates, by such act, in becoming surety in the trespass, and is liable the same as the principal trespasser. State v. Mitchell, 1 Mo. App. 387; Luebbering v. Oberlcoetter, 1 Mo. App. 389; Pechham v. Lin-dell, 9Mo. App. 462; Wetzellv. Waters, 18 Mo. 399; Allred v. Bray, 41 Mo. 487. (2) A person who receives the benefit of a trespass or tort is liable for damages occasioned the owner by such trespass. All-red v. Bray,…
1Opinion of the CourtSmith, P. J.
This is an action to recover damages alleged to have accrued to the plaintiff in consequence of about this state of facts:
The undisputed evidence tends to prove that on the-day of -, 188 — , Lou W. Taylor and Eleanora Taylor, his wife, were the owners óf a certain tract of land and for the purpose of securing two promissory notes previously made by them, of one of which the defendant was the transferee and owner, by a certain instrument in writing duly acknowledged *643and recorded, conveyed said tract to one Burkett as trustee. It was recited in this instrument that said trustee should lease…
2Cases cited6 opinions
- Chirac v. ReinickerSupreme Court of the United States · 1826
- Lee v. BowmanSupreme Court of Missouri · 1874
- Wetzell v. WatersSupreme Court of Missouri · 1853
- Norman v. HornMissouri Court of Appeals · 1889
- Kamerick v. CastlemanMissouri Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Williams v. TreeceMissouri Court of Appeals · 1914
- Doebbeling v. QuimbyMissouri Court of Appeals · 1927