State ex rel. Wright v. Adams
Supreme Court of Missouri
Mandamus. 1. After breach of condition the mortgagee in a chattel mortgage, or deed of trust, becomes the absolute owner of the property. Robertson v. Campbell, 8 Mo. 365, 615 ; Williams v. Rover, 7 Mo. 556 ; Lacey v. Giboney, 36 Mo. 320; Lean v. Davis, 12 Mo. 112; Pace v. Pierce, 49 Mo. 393; Bowens v. Benson, 57 Mo. 26; McCandless v. Moore, 50 Mo. 511. 2. The lien of defendant did not amount to a title to the property.
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Mandamus. 1. After breach of condition the mortgagee in a chattel mortgage, or deed of trust, becomes the absolute owner of the property. Robertson v. Campbell, 8 Mo. 365, 615 ; Williams v. Rover, 7 Mo. 556 ; Lacey v. Giboney, 36 Mo. 320; Lean v. Davis, 12 Mo. 112; Pace v. Pierce, 49 Mo. 393; Bowens v. Benson, 57 Mo. 26; McCandless v. Moore, 50 Mo. 511. 2. The lien of defendant did not amount to a title to the property. Burgess v. Kattleman, 41 Mo. 480. 3. It amounted at most to a pledge, and a pledgee has no right to the use of the pledged property, and must account for such use. Schouler on…
1Opinion of the CourtNorton, J.
This is an application for mandamus, in which we are asked to compel Judge Adams, of the circuit court of the city of St. Louis, to enter up judgment on the verdict of a jury in the case of Nannie M. Wright and M. L. Cray, her trustee, against Yogel, administrator of Bircher, deceased. The verdict was for plaintiff in said suit and was set aside by said court and a new trial granted. The plaintiff had obtained on a former trial of said cause a verdict which had also been set aside and a new trial granted.
It-is claimed by relators that the court was powerless, under the facts of the case and…
2Cases cited10 opinions
- Wright v. Bircher'sSupreme Court of Missouri · 1880
- Boyce's Administrator v. Smith's AdministratorSupreme Court of Missouri · 1852
- Lacey v. GiboneySupreme Court of Missouri · 1865
- Pace v. PierceSupreme Court of Missouri · 1872
- Bowens v. BensonSupreme Court of Missouri · 1874
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- State ex rel. Knisely v. HoltcampSupreme Court of Missouri · 1915
- State ex rel. Snow Steam Pump Works v. HomerSupreme Court of Missouri · 1913
- State v. SnyderSupreme Court of Missouri · 1889
- State ex rel. Albers v. HornerSupreme Court of Missouri · 1885
6 more not listed; retrieve them via the Exa API.