Lisenby v. Phelps
Supreme Court of Missouri
Lisenby v. Phelps, 71 Mo. 522 (Mo. 1880)
Hough, Other
Lisenby v. Phelps
Opinion of the Court
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.
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