Gregory v. Tavenner
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Turner. A. G-iul, Judge. (1) The agreement between plaintiffs and the Fords was valid as a mortgage upon the property in their possession at the time it was executed, and also upon the property thereafter acquired by them. Replevin would therefore lie for the recovery of the possession of such property.
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Appeal from the Jackson Circuit Court. — Hon. Turner. A. G-iul, Judge. (1) The agreement between plaintiffs and the Fords was valid as a mortgage upon the property in their possession at the time it was executed, and also upon the property thereafter acquired by them. Replevin would therefore lie for the recovery of the possession of such property. Jones on Chattel Mortgages, secs. 168-172; Leland v. Collver, 34 Mich. 418; Cigar Co. v. .Foster, 36 Mich. 368; Caldwell v. Pray, 41 Mich. 307; Curtis' v. Wilcox, 49 Mich. 425; McCaffery v. Woodin, 65 N. Y. 459. (2) Even if the court should hold…
1Opinion of the Court
Smith, P. J. —
This was an action of replevin instituted October 17, 1883, to recover certain personal property in the‘hands of the defendant, as assignee for the benefit of creditors of P>. P. Ford and J. C. Ford, under a deed of assignment, executed October 16, 1883.
The petition was filed October 17, 1883. The defendant. in his answer, set up the assignment and claimed possession of the property in controversy by virtue of its provisions. Plaintiff’s reply denied the allegations of the answer and set up an agreement between plaintiffs and J. O. Ford and B. F. Ford in the nature of a…
2Cases cited19 opinions
- Dilworth v. McKelvySupreme Court of Missouri · 1860
- Dougherty v. CooperSupreme Court of Missouri · 1883
- Boutell v. WarneSupreme Court of Missouri · 1876
- Wright v. Bircher'sSupreme Court of Missouri · 1880
- Hughes v. MenefeeMissouri Court of Appeals · 1888
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