Lacey v. Giboney
Supreme Court of Missouri
Appeal from. Cape Girardeau Circuit Cowrt. I. The action was rightly brought in the name of the ‘ plaintiff, and the evidence supported the claim of ownership. The attempted sale, when no money passed, no memorandum of sale was given, and no delivery of property, and when the conditions of sale were not complied with, passed no title out of Lacey. II.
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Appeal from. Cape Girardeau Circuit Cowrt. I. The action was rightly brought in the name of the ‘ plaintiff, and the evidence supported the claim of ownership. The attempted sale, when no money passed, no memorandum of sale was given, and no delivery of property, and when the conditions of sale were not complied with, passed no title out of Lacey. II. The machinery being placed in and upon said premises leased by the tenant, can be removed by him and are not fixtures; for, 1. Any construction put up by the tenant for manufacturing purposes, no matter how securely it may have been united to…
1Opinion of the CourtLovelace, Judge
This was an action commenced in the Circuit Court of Cape Girardeau county, to recover specific personal property consisting of a steam engine, boiler and machinery necessary for running a chair factory, and also a corn mill, with its machinery attached to said engine. The petition of the plaintiff sets out that he is the owner and entitled to the possession of the property in question, which he alleges is of the value of seventeen hundred dollars; and that the defendant wrongfully withholds and detains the same from the plaintiff to his damage, &c.
The answer of the defendant denies that the…
2Cases cited5 opinions
- Robinson v. CampbellSupreme Court of Missouri · 1844
- Walcop & Griswold v. McKinney's HeirsSupreme Court of Missouri · 1846
- Powell v. McAshanSupreme Court of Missouri · 1859
- Raymond v. WhiteNew York Supreme Court · 1827
- Evans v. MenefeeSupreme Court of Missouri · 1824
3Cited by23 opinions
- Walker v. TillisSupreme Court of Alabama · 1914
- Pace v. PierceSupreme Court of Missouri · 1872
- State ex rel. Wright v. AdamsSupreme Court of Missouri · 1882
- Myers v. HaleMissouri Court of Appeals · 1885
- Buddington v. MastbrookMissouri Court of Appeals · 1885
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