Campbell v. Allen
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) The demurrer to the evidence of plaintiff should have been sustained. Plaintiff claimed the property by virtue of the deed of trust, and the description of the sorrel mare, mentioned in the deed of trust, was no such description as would distinguish her from the general class of sorrel mares. Stoneloralcer v. Ford, 81 Mo. 533; Hughes v. Menefee, 29 Mo.
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Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) The demurrer to the evidence of plaintiff should have been sustained. Plaintiff claimed the property by virtue of the deed of trust, and the description of the sorrel mare, mentioned in the deed of trust, was no such description as would distinguish her from the general class of sorrel mares. Stoneloralcer v. Ford, 81 Mo. 533; Hughes v. Menefee, 29 Mo. App. 203. (2) The note in question was never the property of Polly B. Price, so as to give her any rights under'the deed of trust. There cannot be a sale and transfer of a…
1Opinion of the CourtGill, J.
This is an action of replevin, brought by the plaintiff trustee, to recover the possession of a sorrel mare. The plaintiff succeeded below, and defendant has appealed to this court.
Plaintiff claims title, as trustee, under a deed of trust, executed by Frank N. Price, the former owner of the mare, to secure payment of a note of one hundred and fifty dollars, made by said Price to Samuel L.. Black, while defendant claims title under an execution sale. If the note, thus secured, was, at the commencement of this suit, still an existing legal obligation and had not been paid, and if said deed of…
2Cases cited4 opinions
- Swope v. LeffingwellSupreme Court of Missouri · 1880
- Allen v. DermottSupreme Court of Missouri · 1883
- State ex rel. Blake v. CabanneMissouri Court of Appeals · 1883
- Bank of Odessa v. JenningsMissouri Court of Appeals · 1885
3Cited by14 opinions
- Vansandt v. HobbsMissouri Court of Appeals · 1900
- Boeger v. LangenbergMissouri Court of Appeals · 1890
- Bozeman v. FieldsMissouri Court of Appeals · 1891
- Prather v. HairgroveSupreme Court of Missouri · 1908
- Tobin v. KampeCourt of Appeals for the Eighth Circuit · 1942
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