Seymore v. Dabbs
Missouri Court of Appeals
Appeal from Ripley Circuit Court. — Ron. J. C. Sheppard, Judge. (1) Plaintiffs claim tbe right to the possession of the mules in suit by virtue of a second chattel mortgage, which was given to them to secure the payment of a note executed to G-. A. Sheppard, payee. That note was executed by Rook, as principal, and by plaintiffs as sureties. It was not paid off by a renewal note, but was paid off with money borrowed on a new note, a new contract.
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Appeal from Ripley Circuit Court. — Ron. J. C. Sheppard, Judge. (1) Plaintiffs claim tbe right to the possession of the mules in suit by virtue of a second chattel mortgage, which was given to them to secure the payment of a note executed to G-. A. Sheppard, payee. That note was executed by Rook, as principal, and by plaintiffs as sureties. It was not paid off by a renewal note, but was paid off with money borrowed on a new note, a new contract. The new note was executed by Rook as principal and plaintiffs as sureties, to the Ripley County Bank, payee. It certainly cannot be called a renewal…
1Opinion of the Court
FARRINGTON, J. —
This was a suit in replevin, and is here on the defendant’s appeal. It appears that the plaintiffs instituted the action before a justice of the peace of Ripley county to replevin from the defendant two mules, basing their claim on a chattel mortgage dated February 8, 1910, on the two mules and a wagon and set of harness, securing a note for $185, which mortgage was filed in the recorder’s office on the day of its execution. Counsel for appellant have in their abstract a small photograph of the page of the index of chattel mortgages filed with the recorder of Ripley county and…
2Cases cited2 opinions
- Faxon, Horton & Gallagher v. RidgeMissouri Court of Appeals · 1901
- Caldwell v. SissonMissouri Court of Appeals · 1910