81 Mo. App. 97 | Mo. Ct. App. | 1899
This is an action by the plaintiff against the defendant to recover damages for the wrongful taking
During the progress of the trial, the plaintiff offered in evidence the chattel mortgage under which he claimed the ownership of the subject of the conversion, to the introduction of which the defendant objected on the ground that the description therein was, “indefinite and uncertain and did not state the location of the cattle in Jackson county in this state.” The defendant’s objections were overruled. The mortgage recites: “The party of the first part (John D. Duckworth), herebysells to the party of thesecond part (the plaintiff herein), the following described personal property situate in the county of Jackson and state of Missouri, to wit: One hundred head of two-year-old high graded Hereford cattle (heifers), three thoroughbred Short Horn bulls (Hereford), ten registered thoroughbred Short Horn bulls, and forty head of thoroughbred registered cows and calves (thirty-five of them cows and five calves),” etc. It was recited in said mortgage that the party of the first “shall not remove said property from its present location in said county,” and that said property “is now in the possession of said party of the first part at the location above mentioned in said county.”
It follows therefore that the plaintiff was the rightful' 'owner of the property and entitled to sue and recover the-damages for the defendant’s wrongful act. No error prejudicial to the defendant is perceived in the action of the court either in giving or refusing instructions. The instructions in their entirety we think were far more favorable to defendant, than it was entitled to.
The judgment will be affirmed.