Auxvasse Milling Comany v. Cornet
Missouri Court of Appeals
Appeal from the Audrain. Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) The chattel mortgage given by Beagles to appellant was due one day after date; was past due at the time the corn was sold. Hence appellant was the absolute owner of the corn. This is the universal doctrine. Pollock v. Douglass, 56 Mo. 487; White v. Quinlan, 30 Mo.
Read the full summary
Appeal from the Audrain. Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) The chattel mortgage given by Beagles to appellant was due one day after date; was past due at the time the corn was sold. Hence appellant was the absolute owner of the corn. This is the universal doctrine. Pollock v. Douglass, 56 Mo. 487; White v. Quinlan, 30 Mo. App. 54; Barnett v. Timberlake, 57 Mo. 510. (2) The landlord’s lien of Raferty was not such a lien as entitled Raferty to possession and could only be enforced by a proper legal proceeding. Emox v. Hunt, 18 Mo. 243; DeJarnett v. DeGiveritt, 56 Mo. 440;…
1Opinion of the CourtBiggs, J.
— This is an action of replevin for corn. The sheriff seized five hundred and seventy bushels in the possession of defendant. The latter gave bond and retained the property. The com was planted, cultivated and gathered by one Beagles, the tenant of one Raferty. Beagles executed his note to Raferty for $160, the amount of the rent, and the lease expressly reserved a landlord’s lien on the crops to secure the note. After the corn was planted and before it was gathered, Beagles executed and delivered to plaintiff a mortgage on the growing crop to secure a note due from Beagles to it amounting to…
2Cases cited1 opinion
- Moore v. RyanMissouri Court of Appeals · 1888
3Cited by2 opinions
- Oliver v. FisherMissouri Court of Appeals · 1968
- Jenkins v. Archer-Daniels-Midland Co.Missouri Court of Appeals · 1978