Lisenby v. Phelps

Supreme Court of Missouri

Lisenby v. Phelps

71 Mo. 522

CourtSupreme Court of Missouri

DecidedApril 15, 1880

StatusPublished

Cited by4 cases

This text of 71 Mo. 522 (Lisenby v. Phelps) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lisenby v. Phelps, 71 Mo. 522 (Mo. 1880).

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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.

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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.

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Bluebook (online)

71 Mo. 522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lisenby-v-phelps-mo-1880.

Opinion

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