Section 21 Plaintiffs Right to Dispose of Property Pending Judgment

• Library: Remedies 2006

Traditional authority holds that a plaintiff in a replevin action with a bond who obtains possession and sells the property pending final judgment is liable in conversion. The rationale for this result is that property held by the plaintiff under a court order is still in custodia legis. Furthermore, either side, if it prevails, may elect the property itself or its value in money damages. See §6.19, supra. Consequently, it is inconsistent to permit a sale pending final judgment. See generally Mohr v. Langan, 63 S.W. 409 (1901); Ely v. Sutton, 162 S.W. 755 (Mo. App. E.D. 1913). Notwithstanding the above...