Miller v. Bascom
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. This was an action for the possession of a mirror. Evi dence was introduced tending to show that the mirror was sold by plaintiffs to one Hyde, under the understanding and upon the condition that the mirror was to become the property of Hyde if he should pay for it; until he should so pay, the mirror was to remain the property of the plaintiffs.
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Appeal from St. Louis Court of Common Pleas. This was an action for the possession of a mirror. Evi dence was introduced tending to show that the mirror was sold by plaintiffs to one Hyde, under the understanding and upon the condition that the mirror was to become the property of Hyde if he should pay for it; until he should so pay, the mirror was to remain the property of the plaintiffs. He did not pay for it, but executed a deed of trust, embracing said mirror with other property, to secure indebtedness to third persons. Under this deed of trust a sale was made, and Bascom, the defendant,…
1Opinion of the CourtScott, Judge
Without determining the question whether the contract proved by the plaintiffs, that the mirrors were to be the property of the plaintiffs until they were paid for, created a reservation or limitation of any use or property by the way of condition, reversion or remainder, within the meaning of the fifth section of the act concerning fraudulent conveyances, we are of the opinion that the section, to which reference has been made, does not apply to the case under consideration, as the possession of the property had not remained five years in the possession of Hyde at the time of sale.
There is…
2Cases cited1 opinion
- Layson v. RogersSupreme Court of Missouri · 1857
3Cited by3 opinions
- Wangler v. FranklinSupreme Court of Missouri · 1879
- Gilbert Book Co. v. SheridanMissouri Court of Appeals · 1905
- Blackwell, Thompson & Co. v. Walker Bros. & Co.United States Circuit Court · 1880