Jackson v. Cunningham
Missouri Court of Appeals
Appeal from. Lafayette Circuit Court, Hon. John P. Strother, Judge. Statement of case by tlie court. 'This was an action of replevin begun before a justice of the peace for the recovery of the possession of two horses.
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Appeal from. Lafayette Circuit Court, Hon. John P. Strother, Judge. Statement of case by tlie court. 'This was an action of replevin begun before a justice of the peace for the recovery of the possession of two horses. The defendant claimed the property under a mortgage with a power of sale, in the usual form, executed by the plaintiff to secure the payment of a promissory note made by the plaintiff, payable to the order of James Bumgarner, and assigned by said payee to the defendant. Fr’om a judgment by the justice of the peace in favor of plaintiff, the defendant appealed to the circuit…
1Opinion of the CourtHall, J.
No question arising out of the first claim made by plaintiff that he had paid the note in suit before defendant took possession of the mortgaged property is made here. It is clear that if such payment was made, even after forfeiture, it would have revested the legal title to the property in the mortgageor, without a re-delivery or re-sale, and without a cancellation of the mortgage. Jones on Chat. Mort., sects. 632 and 633, and cases cited.
The questions presented grow out of the action of the court with reference to the second claim made by plaintiff. Those questions must be decided in the…
2Cited by5 opinions
- Hickman v. DillMissouri Court of Appeals · 1888
- McMillan v. GraystonMissouri Court of Appeals · 1900
- Berman v. HokeMissouri Court of Appeals · 1895
- Defeo v. GoodwinMissouri Court of Appeals · 1926
- Halferty v. KarrMissouri Court of Appeals · 1915