Morgan v. Wood
Missouri Court of Appeals
Appeal from, the SI. Loiois City Circuit Court.— PIon. Jas. E. Witheow, Judge. Instruction marked “A,” as given by the court, on its own motion, should not have been given, and the court erred thereby.
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Appeal from, the SI. Loiois City Circuit Court.— PIon. Jas. E. Witheow, Judge. Instruction marked “A,” as given by the court, on its own motion, should not have been given, and the court erred thereby. Shelley v. Boothe, 73 Mo. 74; Albert v. Besel, 88 Mo. 150 ; Frederick v. .Allgaier, 88 Mo. 601; Sexton v. Anderson, 95 Mo. 373. The burden of proof under the pleadings was on the plaintiff to-show that the sale to Wood was fraudulent, as, by his answer to the interpleader herein, he admits the sale by Preiss & Brooker to Wood, and the court erred in not requiring him to introduce evidence…
1Opinion of the CourtRombatjeb, P. J.
The plaintiff brought suit by attachment against Preiss & Brooker, and the sheriff seized under the writ certain personal property, as property of the defendants in the attachment. Henry Wood, claiming the property by prior sale from Preiss & Brooker, filed his interplea *258under the statute, and thereafter such proceedings were had, that, upon the trial of the interplea, judgment was rendered in favor of the plaintiff. Hence this appeal.
The interpleader assigns numerous errors, all of which, but three, relate, to the action of the court in giving and refusing instructions. The three other…
2Cases cited4 opinions
- Shelley v. BootheSupreme Court of Missouri · 1880
- Sexton v. AndersonSupreme Court of Missouri · 1888
- Albert v. BeselSupreme Court of Missouri · 1885
- Curd v. LacklandSupreme Court of Missouri · 1872
3Cited by6 opinions
- Black, Sivalls & Brlson, Inc. v. FarrellSupreme Court of Oklahoma · 1928
- Nelson v. WallaceMissouri Court of Appeals · 1894
- Wells v. Guauranty State BankSupreme Court of Oklahoma · 1916
- Hardwick v. CoxMissouri Court of Appeals · 1892
- Burnstein v. Cass Avenue & Fair Grounds Railway Co.Missouri Court of Appeals · 1894
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