16 Mo. 156 | Mo. | 1852
delivered the opinion of the court.
The papers given in evidence, in this case, could not be properly objected to, because they had not been filed, orbe-cause the plaintiff had not set them out in his petition..
2. The possession of the property, in this case, being in the plaintiff, under the contract with White, the interest of White was not the subject of sale under execution. King v. Bailey, 8 Mo. Rep. 332. Whether we regard the possession of the plaintiff, as held under a pledge to him, or a mortgage for the money he had advanced on a conditional sale, the creditor of White could not, under his execution, take that possession from him.
When, in the attachment suit against White, in which the plaintiff was summoned as garnishee, the plaintiff declared his election to keep the horses and pay the remainder of the consideration, and was adjudged to pay, and did pay such consideration, his title to the property was complete.
Let the judgment be affirmed.