McGregor v. Hampton
Missouri Court of Appeals
Appeal from the Holt Circuit Court. — Hon. Argus Cox, Judge. (1) An interplea is in the nature of a replevin suit engrafted on the action of attachment, and can not be maintained in a partition suit. The action is allowed only in attachment suits,' where the personal property of some other person than the defendant has been seized.
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Appeal from the Holt Circuit Court. — Hon. Argus Cox, Judge. (1) An interplea is in the nature of a replevin suit engrafted on the action of attachment, and can not be maintained in a partition suit. The action is allowed only in attachment suits,' where the personal property of some other person than the defendant has been seized. R. S. Mo. 1889, sec. 572. The court had no jurisdiction to try the interplea in this case, and therefore erred in overruling plaintiff’s demurrer to the evidence, and in not sustaining the motion in arrest. Gordon v. McCurdy, 26 Mo. 305; Winter v. Pritchart, 16 Mo.…
1Opinion of the CourtEllison, J.
Statement. The plaintiff in this suit purchased an undivided two thirds’ interest in a set of abstract books at an execution sale under a writ issued from the United States circuit court. He then instituted this action for partition against H. C. Loyd, the owner of the other one third interest. While the suit was pending the present defendant Hampton, having purchased Loyd’s interest was, on his own motion, substituted as party defendant. M. C. Cantrell, styled in the record as interpleader, at about the same time filed what is termed an interplea, claiming the two thirds’ interest claimed by…
2Cases cited5 opinions
- Turnbull v. PaysonSupreme Court of the United States · 1877
- Adams v. WaySupreme Court of Connecticut · 1866
- Stevens v. SpringerMissouri Court of Appeals · 1886
- State ex rel. Mastin v. McBrideSupreme Court of Missouri · 1884
- Mewster v. SpaldingU.S. Circuit Court for the District of Michigan · 1853
3Cited by2 opinions
- State v. WolfskillSupreme Court of Missouri · 1967
- Jordan v. McDonnellSupreme Court of Alabama · 1907