Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 75 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...Tent Co. v. Bank, 57 Mo. App. 19; Caleb v. Day, 106 Mo. 278; King v. Crreaves & Rufi, 51 Mo. App. 534., Under the decisions of this state it is proper to settle the equities of the parties in this form of action. Peters v. Lowenstein, 44 Mo. App. 406; Campbell Ptg. Press Co. v. Baker, 44 Mo. App. 324. This is what the court undertook to do in the case at bar. Plaintiffs must not only have the right of property, but it must be coupled with the right of possession, before they can maintain replevin, and in this case respondent insists that before appellants had the right to remove the lumber in question from this state they should have been required to pay that which they themselves had said was to be paid before the property became theirs. Cobbey on Replevin, p. 66, sec. 130; Gartside v. Nixon, 43 Mo. 138; Andrews v. Castican, 30 Mo. App. 29; Baker v. Campbell, 32 Mo. App. 529. In the case of Campbell Printing Press Company v. Baker, supra, the court uses the following language" "In this state the action of replevin is sufficiently flexible to adjust equities of this kind. The theory of the law is that if the defendant in such an action has a special interest in the property, or a lien upon it to secure a special sum and has possession of it, he has the right to hold it until that interest is satisfied, or that lien discharged; and if it is taken from him in replevin, he is entitled to judgment for the value of his interest." Brccs, J.--This is an action of replevin to recover the possession of a lot of lumber. The property was taken from the possession, of the defendant, who as constable had seized it under three executions against Allen G. King, and in favor of Martin Brothers, Furlong Brothers and W. O. Rhinehart, ...