Bowles Live Stock Commission Co. v. Hunter
Missouri Court of Appeals
Appeal from DeKalb Circuit Court. — Son-. A. D. Bumes, Judge. (1) Tbe title to tbe property in question is distinctly put in issue both by tbe pleadings and by tbe evidence. 20 Am. and Eng.
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Appeal from DeKalb Circuit Court. — Son-. A. D. Bumes, Judge. (1) Tbe title to tbe property in question is distinctly put in issue both by tbe pleadings and by tbe evidence. 20 Am. and Eng. Ency. of Law (1 Ed.), p. 1046; Morris on Replevin'(3 Ed.), p. 191. (2) There were facts and circumstances in evidence tending to show that tbe sale of tbe twenty-five bead of heifers (of which tbe nine in question are claimed by defendants to be a part) was fraudulent and void as to plaintiff. It was, therefore, error for tbe court to refuse plaintiff’s instruction numbered five. Stone v. Barrett, 34 Mo.…
1Opinion of the Court
ELLISON, L
— This is an action of replevin for nine head of cattle and some corn. The judgment in the trial court was for defendants for the cattle and plaintiffs for the corn. Plaintiffs appealed.
We have not been able to find in the record any good or sufficient ground for the appeal since the whole controversy was a simple question of fact duly submitted to a jury by the trial court. The whole controversy relates to the cattle, as no question seems to be made as to the corn.
It appears that defendants are father and son and that Guy, the son, mortgaged some corn and ninety-five head of cattle…
2Cases cited3 opinions
- Kennedy v. DodsonMissouri Court of Appeals · 1891
- Moore v. CarrMissouri Court of Appeals · 1896
- Springfield Grocer Co. v. ShackelfordMissouri Court of Appeals · 1896