Talbot v. Magee
Missouri Court of Appeals
Appeal from the Macon Circuit Court.—Hon. Andrew Ellison, Judge. (1) The levy of the constable placed the property in the possession of the law and “the property continued to be in the possession of the law” and in the custody and control of the constable, although pastured, cared for and fed by Magee, who was only bailee for constable. Fleming v. Clark, 22 Mo.
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Appeal from the Macon Circuit Court.—Hon. Andrew Ellison, Judge. (1) The levy of the constable placed the property in the possession of the law and “the property continued to be in the possession of the law” and in the custody and control of the constable, although pastured, cared for and fed by Magee, who was only bailee for constable. Fleming v. Clark, 22 Mo. App. 218, and cases therein cited; Williams v. Fvans, Adm’r, 39 Mo. 101; Hatch v. Bailey, 12 Cush. 29; Gibson v. Stevens, 8 How. 384. As a general rule the possession of defendant must be a possession under some claim of right in…
1Opinion of the CourtSmith, P. J.
This is an action of replevin commenced before a justice of the peace to recover the possession of a mare and colt. In the circuit court, where the case went by appeal, there was'a trial and judgment for the plaintiff, from which defendant appealed.
It appears from the record before us that" the defendant, Magee, had recovered judgment against one Jackson and another before a justice of the peace; that upon that judgment the justice issued an execution to the constable who levied the same upon the mare in dispute, which was then heavy with foal. After the levy, the constable being sick, turned…
2Cases cited18 opinions
- Berghoff v. McDonaldIndiana Supreme Court · 1882
- Bradley v. HollowaySupreme Court of Missouri · 1859
- Dillenback v. JeromeNew York Supreme Court · 1827
- Tuttle v. RobinsonIllinois Supreme Court · 1875
- Dodd v. ThomasSupreme Court of Missouri · 1879
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3Cited by6 opinions
- State Ex Rel. Mather v. CarnesMissouri Court of Appeals · 1977
- Wade v. GouldSupreme Court of Oklahoma · 1899
- Kesse v. WilsonMissouri Court of Appeals · 1909
- Kimble v. McDermottMissouri Court of Appeals · 1911
- Long v. HickeyMissouri Court of Appeals · 1920
1 more not listed; retrieve them via the Exa API.