Hughes v. Morris
Supreme Court of Missouri
Appeal from Bay Circuit Cowrt. — Hon. J. M. Sandusky, Judge. The action is for the recovery of specific personal property. Defendant had judgment in the circuit court, and plaintiffs appealed in due form. The result depends on a chattel mortgage mentioned in the opinion of the court, of which the material portions are the following, viz.: ‘ ‘ Chattel mortgage.
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Appeal from Bay Circuit Cowrt. — Hon. J. M. Sandusky, Judge. The action is for the recovery of specific personal property. Defendant had judgment in the circuit court, and plaintiffs appealed in due form. The result depends on a chattel mortgage mentioned in the opinion of the court, of which the material portions are the following, viz.: ‘ ‘ Chattel mortgage. With poiver of sale. uKnoiv all men by these presents, that the undersigned, J. O. Mason and O. A. Barron, composing the firm of J. C. Mason & Co., Ray county, Missouri, in consideration of the sum of $6,200, to them paid by banking…
1Opinion of the CourtBarclay, J.
This is a controversy over the possession of certain personal property worth $5,444.90, as the court and jury that tried the issues on the circuit found.
Defendant is the sheriff of Ray county, claiming possession and a special property in the chattels by virtue of a levy on them, under a writ of attachment, duly issued in favor of the Ray County Savings Bank.
Plaintiffs, on the other hand, are mortgagees in a chattel mortgage (of the same property) whose validity forms the chief issue. Its terms, so far as they are material, are quoted fully in the statement preceding this opinion. All parties…
2Cases cited2 opinions
- Fryer v. . RockefellerNew York Court of Appeals · 1875
- Sloan v. Owens, Lane & Dyer Machine Co.Supreme Court of Missouri · 1879
3Cited by11 opinions
- Mathews v. O'DonnellSupreme Court of Missouri · 1921
- Kothe v. Krag-Reynolds Co.Indiana Court of Appeals · 1898
- Guyer v. Union Trust Co.Indiana Court of Appeals · 1914
- Hatcher v. HallMissouri Court of Appeals · 1956
- Coates v. SmithOregon Supreme Court · 1916
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