Legal Opinion

Wangler v. Franklin

Supreme Court of Missouri

Decided October 15, 1879PublishedCited by 8 opinions

Appeal from Moberly Court of Common Pleas.—Hon. G. H, Burckhartt, Judge. Replevin for a portable mill and boiler. The facts were as follows: Bemis, Bro. & Co. having caused an attachment to be levied on the mill and boiler as the property of Hursh, Graham & Co., the plaintiff, Wangler, claiming title, asked and obtained leave of court to interplead in the litigation which ensued, in order that he might assert his title.

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Appeal from Moberly Court of Common Pleas.—Hon. G. H, Burckhartt, Judge. Replevin for a portable mill and boiler. The facts were as follows: Bemis, Bro. & Co. having caused an attachment to be levied on the mill and boiler as the property of Hursh, Graham & Co., the plaintiff, Wangler, claiming title, asked and obtained leave of court to interplead in the litigation which ensued, in order that he might assert his title. He failed, however, to file an interplea, and there was a special judgment in favor of Bemis, Bro. & Co., and against the property. While defendant, Franklin, still bad…

1Opinion of the Court

Sherwood, C. J. —

1. conditional sale of personalty. Where property is sold upon condition that the title is to remain in the seller until the purchase money is paid, this contract is a valid one, and will bo respected and enforced by the courts even against a bona fide purchaser. Robbins v. Phillips, 68 Mo. 100, and cases cited. Section 5, page 280, 1 Wag. Stat., in relation to fraudulent conveyances, has no application to this case. Miller v. Bascom, 28 Mo. 352.

2. replevin: attachment: inter plea: estoppel. Two remedies are open to a party whose property is seized by an attaching creditor as…

2Cases cited5 opinions

  1. Burgert v. BorchertSupreme Court of Missouri · 1875
  2. Strong v. Phœnix InsuranceSupreme Court of Missouri · 1876
  3. Robbins v. PhillipsSupreme Court of Missouri · 1878
  4. Richardson v. JonesSupreme Court of Missouri · 1852
  5. Miller v. BascomSupreme Court of Missouri · 1859

3Cited by8 opinions

  1. Coover v. JohnsonSupreme Court of Missouri · 1885
  2. Sumner v. CotteySupreme Court of Missouri · 1879
  3. Ford v. O'DonnellMissouri Court of Appeals · 1890
  4. Kingsland v. DrumSupreme Court of Missouri · 1883
  5. Kingsland-Ferguson Manufacturing Co. v. CulpSupreme Court of Missouri · 1885

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