Legal Opinion

Kingsland-Ferguson Manufacturing Co. v. Culp

Supreme Court of Missouri

Decided April 15, 1885PublishedCited by 3 opinions

Appeal from Newton Circuit Court.—Hon. M. G. Mc-Gregor, Judge. (1) The sale being a conditional one, the title did not vest in the vendee, and a bona fide purchaser is not protected. Sumner v. Cottey, 71 Mo. 121; Wangler v. ■Franiclin, 70 Mo. 659; Ridgeway v. Kennedy, 52 Mo. 24; Parmlee v. Catherwood, 36 Mo. 479 ; Little v. Page, 44 Mo. 412. (2) The plaintiff was guilty of no neglect or . laches which would bar his recovery.

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Appeal from Newton Circuit Court.—Hon. M. G. Mc-Gregor, Judge. (1) The sale being a conditional one, the title did not vest in the vendee, and a bona fide purchaser is not protected. Sumner v. Cottey, 71 Mo. 121; Wangler v. ■Franiclin, 70 Mo. 659; Ridgeway v. Kennedy, 52 Mo. 24; Parmlee v. Catherwood, 36 Mo. 479 ; Little v. Page, 44 Mo. 412. (2) The plaintiff was guilty of no neglect or . laches which would bar his recovery. Powell v. Bardlee, 9 G. and J. (Md.) 220; Farlow v. Ellis, 15 Gray 229'. (3) A creditor can pursue two or more concurrent remedies without prejudice to his substantial…

1Opinion of the Court

Norton, J.-

This is a suit in the nature of replevin to recover certain specific personal property described in. the petition, and known as the “thresher outfit.” Defendant obtained judgment, from which the plaintiff has. appealed. The facts are-as follows :

In July, 1876, plaintiff sold to J. W. Edwards, W. L. Edwards, and P. H. Edwards, the thresher outfit, for which they executed two notes for two hundred and ten dollars each, one of them payable on the first of November, 1876, and the other on the first day of October,-1877, in both of which notes it was expressly provided that the title or…

2Cases cited6 opinions

  1. Parmlee v. CatherwoodSupreme Court of Missouri · 1865
  2. Little v. PageSupreme Court of Missouri · 1869
  3. Ridgeway v. KennedySupreme Court of Missouri · 1873
  4. Sumner v. CotteySupreme Court of Missouri · 1879
  5. Wangler v. FranklinSupreme Court of Missouri · 1879

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Defiance Machine Works v. TrislerMissouri Court of Appeals · 1886
  2. Tufts v. ThompsonMissouri Court of Appeals · 1886
  3. Smith v. ThompsonMissouri Court of Appeals · 1906

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