Lisenby v. Phelps

71 Mo. 522

Opinion

Hough, J.

This was an action of replevin for certain abstract books. It appears from the- record that at the date of the alleged caption, the plaintiff and defendant were joint owners of the books in question. As-the plaintiff was not entitled‘to the" immediate and exclusive possession of the books, he capnot maintain this action. Gray v. Parker, 38 Mo. 160; Cross v. Hulett, 53 Mo. 397. The judgment will 'be reversed, and the cause remanded.

The other judges concur.