Legal Opinion

Leeser v. Boekhoff

Missouri Court of Appeals

Decided December 24, 1889PublishedCited by 9 opinions

Appeal from, the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The pretended sale was void because not accompanied by delivery and followed by an open, visible, notorious, unequivocal and continuous change of possession, exclusive as against Mrs. Gfruhner. R. S. 1879, sec. 2505, as construed in: Wright v. McCormick, 67 Mo. 426; Stern v. Henley, 68 Mo. '262; Stewart v. Nelson, 79 Mo. 524; Crane v. Timberlake, 81 Mo. 431 ; Knoop v. Hist.

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Appeal from, the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The pretended sale was void because not accompanied by delivery and followed by an open, visible, notorious, unequivocal and continuous change of possession, exclusive as against Mrs. Gfruhner. R. S. 1879, sec. 2505, as construed in: Wright v. McCormick, 67 Mo. 426; Stern v. Henley, 68 Mo. '262; Stewart v. Nelson, 79 Mo. 524; Crane v. Timberlake, 81 Mo. 431 ; Knoop v. Hist. Co., 26 Mo.' App. 303; Seymour v. O' Keefe, 44 Conn. 128 ; Flanagan v. Wood, 33 Vt. 338; Iron Co. v. Bank, 13 Atl. Rep. 303; Weeks r>. Prescott, 53…

1Opinion of the CourtBiggs, J.

On the twenty-third day of February, 1887, the defendant in this case instituted an attachment suit against one Caroline Gruhner. In the attachment suit, Boekhoff claimed that Mrs; Gruhner was indebted to him, and that she had fraudulently conveyed her property for the purpose of defrauding her creditors. Under the writ of attachment Boekhoff caused a stock of groceries to be seized as the property of Mrs. Gruhner, and the goods were subsequently sold by the officer, and the proceeds, after deducting costs, were applied to the discharge of Boekhoff’s debt.

The plaintiff in the present suit…

2Cases cited6 opinions

  1. Anderson v. McPikeSupreme Court of Missouri · 1885
  2. Dowzelot v. RawlingsSupreme Court of Missouri · 1874
  3. Bogie v. NolanSupreme Court of Missouri · 1888
  4. Coughlin v. HaeusslerSupreme Court of Missouri · 1872
  5. Priest v. WaySupreme Court of Missouri · 1885

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Westfall v. WaitIndiana Supreme Court · 1905
  2. Padley v. CatterlinMissouri Court of Appeals · 1896
  3. Welp v. BogyMissouri Court of Appeals · 1925
  4. Woodruff v. StateSupreme Court of Arkansas · 1895
  5. Carder v. PrimmMissouri Court of Appeals · 1892

4 more not listed; retrieve them via the Exa API.

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