Williams v. Kirk
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. O. L. Dobson, Judge. (1) It is true that some kinds of constructive fraud are cured by subsequent possession taken (where mortgagor retains and sells for his own benefit). These cases, at first blush, seem to be against us.
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Appeal from the Jackson Circuit Court. — Hon. O. L. Dobson, Judge. (1) It is true that some kinds of constructive fraud are cured by subsequent possession taken (where mortgagor retains and sells for his own benefit). These cases, at first blush, seem to be against us. But we pray the court to notice that not one of these cases concerns a creditor who became such during the period of withholding from record — all of them concern creditors who became such either before said period began (before mortgage was made), or after it ended (after the recording). Hence, on analysis, not one of the…
1Opinion of the CourtEllison, J.
This action is replevin and plaintiffs had judgment in the trial court.
Statement. Plaintiffs claim the property under a chattel mortgage given to them by'the owners. Defendant is a constable and had seized the property # x J under a writ or attachment sued out by creditors of the mortgagor owners. The facts necessary to state for a decision of the cause are these.
The plaintiffs’ mortgage was given to secure a *461tona fide debt owing to them by the mortgagor. Plaintiffs purposely withheld the mortgage from record and allowed the mortgagor to remain in possession until the day before the…
2Cases cited12 opinions
- Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
- State Bank v. FrameSupreme Court of Missouri · 1892
- Dobyns v. MeyerSupreme Court of Missouri · 1888
- Barton v. SitlingtonSupreme Court of Missouri · 1895
- Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- First Nat. Bank of Buchanan County v. ConnettCourt of Appeals for the Eighth Circuit · 1905
- Landis v. McDonaldMissouri Court of Appeals · 1901
- Harrison v. South Carthage Mining Co.Missouri Court of Appeals · 1902
- Keet & Rountree Dry Goods Co. v. BrownMissouri Court of Appeals · 1898
- In re WadeDistrict Court, W.D. Missouri · 1911
14 more not listed; retrieve them via the Exa API.