Missouri Appeal Reports Volume 20

Missouri Appeal Reports Volume 20

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...in a tortious act by the defendant by which he deprives the plaintiff of his goods, either wholly or but for a time. 'L2 Chitty Pl. 619 (16 Ed.) I find none of the essential elements of these definitions in the facts of this case. The defendant did not touch the property. He did not interfere with it, nor interrupt the plai11tifif's use and enjoyment of it. His only act, complained of, was to make a deed of conveyance of the real estate and its appurtenances to a. third party. He never made any claim to it, nor notified the plaintiff not to remove it. The only notice of any adverse assertion of claim was from Hollis and Vroom. It is most questionable if this could be regarded as the semblance of a conversion. In Thorowoocl 2. Robinson (6 Q. B. 769), it was held that a mere refusal to permit plaintiif's servant to come on defendants premises to remove goods did not amount to a conversion. Hollis and Vroom did not interrupt plaintiff 's possession. He held and enjoyed the property so long as he remained in the house, and he left without even an attempt to remove it. In respect of a fixture thus situated and held, I hold, both on authority and principle, that the mere fact of a landlord making a deed to the realty during the tenancy is not of itself sufiicient to support the action of trover. To so hold, would be, in my opinion, to revolutionize the whole doctrine of trover as universally recognized for ages, both in England and in America. This precise question is considered and determined in Guthrie v. Jones (108 Mass. 191, 196), in which it was held, that counters so attached to the building as to pass by a deed conveying the realty and appurtenances between vendor and vendee, although as between landlord and...show more

Product details

  • Paperback | 244 pages
  • 189 x 246 x 13mm | 440g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236908929
  • 9781236908926