Sowden v. Kessler
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. R. E. Culver, Judge. (1) It being admitted that plaintiff has no title, she can not maintain this action, A mere possessoryright, or a right founded upon a bare prior possession, conceding the wife in this case could have such, is not sufficient to maintain replevin, especially where defendant’s possession is admitted to be lawful. Wright v. Richmond, 21 Mo. App. 76; McMahill v. Walker, '22 Mo.
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Appeal from the Buchanan Circuit Court. — Hon. R. E. Culver, Judge. (1) It being admitted that plaintiff has no title, she can not maintain this action, A mere possessoryright, or a right founded upon a bare prior possession, conceding the wife in this case could have such, is not sufficient to maintain replevin, especially where defendant’s possession is admitted to be lawful. Wright v. Richmond, 21 Mo. App. 76; McMahill v. Walker, '22 Mo. App. 170. Besides this, plaintiff, through her counsel, as well as by her own statements, claimed the -title to be in her brother, and she could not…
1Opinion of the CourtSmith, P. J.
This is an action which was brought to recover the possession of certain household goods. There was a trial to a juiw in the court below resulting in a verdict and judgment for plaintiff and the defendant appealed. The defendant assigns as grounds for reversing the judgment the action of the court in the giving and refusing of instructions. She insists that an instruction in the nature of a demurrer to the plaintiff’s evidence should have been given. This insistence .we can not sustain.
The undisputed evidence shows that while plaintiff’s husband was the owner of the property sued for, he gave…
2Cited by5 opinions
- Rankin v. WyattSupreme Court of Missouri · 1934
- State v. CastletonSupreme Court of Missouri · 1914
- Cady v. CoatesMissouri Court of Appeals · 1903
- Murphy v. Century Building Co.Missouri Court of Appeals · 1901
- Campbell v. TinkerMissouri Court of Appeals · 1909