Barley v. Cannon
Supreme Court of Missouri
Appeal from Lincoln Circuit Court. Possession of personal property is prima facie evidence of title. An officer is not only justified in levying upon goads and chattels which are in the possession of tbe defendant in the execution as apparent owner, but it is Ms duty to do so. An omission to levy would render Mm liable for the amount of the judgment. R. 0. 1845, p. 486, §58. , The defendant, then, did no wrong.
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Appeal from Lincoln Circuit Court. Possession of personal property is prima facie evidence of title. An officer is not only justified in levying upon goads and chattels which are in the possession of tbe defendant in the execution as apparent owner, but it is Ms duty to do so. An omission to levy would render Mm liable for the amount of the judgment. R. 0. 1845, p. 486, §58. , The defendant, then, did no wrong. He acted lawfully in levying on the property: he acted lawfully in summoning a jury to try the right when the plaintiffs interposed a claim. The finding of the jury would have…
1Opinion of the CourtGamble, Judge
1. Barley and wife allege, that the defendant, Cannon, took from Mrs. Barley’s possession, before her marriage, a wagon, which was her property, and that he neither returned it nor paid for it. The defendant answered, that he was constable of Hurricane township, in Lincoln county, and had in his hands an execution against one Money, and that he levied it upon the wagon, then in the possession of Money; that the plaintiff, Mrs. Barley, claimed the wagon and appointed a day for the trial of the claim, and by the consent of the parties the trial was postponed to a day agreed upon, before which,…
2Cited by4 opinions
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- Folden v. HendrickSupreme Court of Missouri · 1857
- Phillips v. EvansSupreme Court of Missouri · 1866