Sheble v. Curdt
Supreme Court of Missouri
Appeal from St. Lóuis Circuit Court. I. There was an actual sale of this growing crop, perfectly good between the parties thereto. The attempt of the defendant to remove the crop, for the purposes of selling the same and pocketing the proceeds, was a tortious conversion which entitled the plaintiff, the vendee, to immediate possession. (Loeschmann vs. Machin, 2 Stark., 211.) II.
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Appeal from St. Lóuis Circuit Court. I. There was an actual sale of this growing crop, perfectly good between the parties thereto. The attempt of the defendant to remove the crop, for the purposes of selling the same and pocketing the proceeds, was a tortious conversion which entitled the plaintiff, the vendee, to immediate possession. (Loeschmann vs. Machin, 2 Stark., 211.) II. To comply -with the statute it was only necessary that the plaintiff should have the right of immediate possession, and that the property should be found in possession of another. (Pilkington vs. Trigg, 28 Mo., 95;…
1Opinion of the CourtSherwood, Judge
On the 29th day of November, 1870, the plaintiff, Sheble, leased to defendant, Curdt, his farm in St. Louis county, until the 1st day of March, 1872, at a rent of $475, payable on the 1st day of September, 1871. Among other clauses in the *439lease, which was signed by both lessor and lessee, was one couched in these words: “And for the purpose of securing the payment of said sum, hereinbefore reserved as rent for the said premises, said party of the second part hereby sells, transfers and sets over to said party of the first part, all of the crops of wheat now growing on said devised premises ;…
2Cases cited1 opinion
- Knox v. Hunt & PorterSupreme Court of Missouri · 1853
3Cited by11 opinions
- Stonebraker v. FordSupreme Court of Missouri · 1884
- Hickman v. DillMissouri Court of Appeals · 1888
- Chandler v. WestMissouri Court of Appeals · 1889
- Barnett v. TimberlakeSupreme Court of Missouri · 1874
- Boeger v. LangenbergMissouri Court of Appeals · 1890
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