Supreme Court of Missouri, 1880

Lisenby v. Phelps

Lisenby v. Phelps
Supreme Court of Missouri · Decided April 15, 1880 · Hough, Other
71 Mo. 522
Lisenby v. Phelps

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3 later published cases cite this decision.

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Opinion of the Court

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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