Legal Opinion

Priestley v. Johnson

Supreme Court of Missouri

Decided April 15, 1878PublishedCited by 9 opinions

Appeal from Dallas Circuit Court. — Hon. R. W. Fyan, Judge. The house having been built with the knowledge and consent of Mothershead, it was personal property, and clothed with all the incidents of personalty.

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Appeal from Dallas Circuit Court. — Hon. R. W. Fyan, Judge. The house having been built with the knowledge and consent of Mothershead, it was personal property, and clothed with all the incidents of personalty. Matson v. Calham, 44 Mo. 368; Hines v. Ament, 43 Mo. 298; Aldrich v. Parsons, 6 N. IT. 555 ; Osgood v. Howard, 6 Greenl. 452; Ashman v. Williams, 8 Pick. 402; Doty v. Gorham, 5 Pick. 489; Mott v. Palmer, 1 Comst. 571; Rogers v. Woodbury, 15 Pick. 156; Coleman v. Lewis, 27 Penn. St. 291. The subsequent sale of the house to respondents, or the laud to Johnson, did not change the…

1Opinion of the CourtHorton, J.

— This is a suit, instituted in the circuit court of Dallas county, for the recovery of damages for the wrongful taking and withholding from plaintiff a certain house described in the petition. The answer of defendant puts in issue the allegations of the petition, and sets up that the land on which the house in question is located was on the 14th of December, 1872, conveyed by one Mothershead and wife to Peter Wilson, in trust, to secure the payment to defendaut of the sum of $1,750, and that on the 24th day of February, 1873, said Mothershead *633again conveyed said real estate to said Wilson,…

2Cases cited3 opinions

  1. Hines v. AmentSupreme Court of Missouri · 1869
  2. Lowenberg v. BerndSupreme Court of Missouri · 1871
  3. Russell v. RichardsSupreme Judicial Court of Maine · 1833

3Cited by9 opinions

  1. Kolb v. Golden Rule Baking Co.Missouri Court of Appeals · 1928
  2. Hatton v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1913
  3. Cox v. McKinneyMissouri Court of Appeals · 1923
  4. Neiswanger v. SquierSupreme Court of Missouri · 1880
  5. Monarch Laundry v. WestbrookSupreme Court of Virginia · 1909

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