76 Mo. App. 512 | Mo. Ct. App. | 1898
This is replevin brought by plaintiff to recover the possession of a sideboard found in a hotel at Richmond, Ray county; a demurrer to the evidence was sustained in the court below and plaintiff appealed. To sustain its case, plaintiff relied on a chattel mortgage executed by one Hyre, the former owner of the property, wherein it was described in a general way as “one marble top sideboard, being and situated - in the county of Ray, state of Missouri,” it being stipulated in the body of the mortgage that the mortgagor should not remove the sideboard from Richmond Hotel, Richmond, Missouri.
There is nothing in the evidence even tending to prove that these defendants are in any way interested in this sideboard — as subsequent purchasers attaching creditors or otherwise, so that they would “be prejudiced by giving effect to the deed.” Johnson v. Jeffries, supra. Their assertion of right seems to be based solely on a bare possession. And more than this plaintiff’s evidence tended to prove that the defendants had knowledge of the existence of the mortgage before they took such possession. As to the mortgagor and all
The trial court then erroneously sustained a demurrer to plaintiff’s.evidence, and the judgment must be reversed and cause remanded.