Wilson v. Milligan

This causéis here on the appeal of defendant from a judgment rendered in the Greene county circuit court, and involves as the principal question whether *42an unrecorded mortgage of personal property, when the possession of the property remains with the mortgageor, can be enforced against a creditor who purchases the property with actual notice of the existence of the mortgage. An affirmative answer to this question affirms the judgment, and a negative answer reverses it. A negative answer was returned to the question by this court in the case of Bryson v. Penix, 18 Mo. 13, where it was held…