Halderman v. Stillington
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Ed. L. Scaebitt, Judge. (1) Change of possession in case of sale of personal property must take place within a reasonable time; what is a reasonable time is generally a question for the jury. Franklin v. Gummersell, 11 Mo. App. 306; State to use v. Bellman, 20 Mo. App. 304; Link v. Barrington, 41 Mo.
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Appeal from the Jackson Circuit Court. — Hon. Ed. L. Scaebitt, Judge. (1) Change of possession in case of sale of personal property must take place within a reasonable time; what is a reasonable time is generally a question for the jury. Franklin v. Gummersell, 11 Mo. App. 306; State to use v. Bellman, 20 Mo. App. 304; Link v. Barrington, 41 Mo. App. 635; Bow v. Taylor, 52 Mo. 592. (2) When an action of replevin is predicated on ownership and proof shows the plaintiff is a mortgagee, there is a fatal variance amounting to failure of proof; and such variance and error cam not be remedied, by…
1Opinion of the CourtSmith, P. J.
This- is an action of replevin. In the year 1889, the plaintiff, whose residence was Leavenworth, Kansas, loaned to her1 son-in-law, E. E. Wilson, then a resident of Kansas City, in this state, something over the sum of $10,000, taking from him two promissory notes for the amount. In September, 1890, Wilson quit housekeeping and stored his books, furniture and other household goods in Kansas City. The books and bookcases he stored at Poster’s storage warehouse. The other furniture and household goods were stored in the Emmons building. Both lots were stored in Wilson’s name.
On December 1,…
2Cases cited20 opinions
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Claflin v. RosenbergSupreme Court of Missouri · 1868
- Dobyns v. MeyerSupreme Court of Missouri · 1888
- Wright v. McCormickSupreme Court of Missouri · 1878
- Greeley v. ReadingSupreme Court of Missouri · 1881
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3Cited by6 opinions
- Bostian v. RosenCourt of Appeals for the Eighth Circuit · 1944
- Mallmann v. Harris Bros.Missouri Court of Appeals · 1896
- Hopson v. PregeeMissouri Court of Appeals · 1921
- Porter v. ShotwellMissouri Court of Appeals · 1904
- Chemical Bk. of Sweet Springs v. RhodesMissouri Court of Appeals · 1930
1 more not listed; retrieve them via the Exa API.