Anderson v. Berry
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. An unrecorded mortgage is always good as between the parties. Section 3404, R. S. Mo. 1899, does not make an unrecorded mortgage a fraudulent conveyance. Sauerwein v. Renard Champagne Co., 68 Mo. App. 29. The effect of said section is simply to render said mortgage invalid as to creditors and purchasers from a mortgagor in possession. Rawley v. Bean, 80 Mo. 614; Landis v. McDonald, 88' Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. An unrecorded mortgage is always good as between the parties. Section 3404, R. S. Mo. 1899, does not make an unrecorded mortgage a fraudulent conveyance. Sauerwein v. Renard Champagne Co., 68 Mo. App. 29. The effect of said section is simply to render said mortgage invalid as to creditors and purchasers from a mortgagor in possession. Rawley v. Bean, 80 Mo. 614; Landis v. McDonald, 88' Mo. App. 335. And the aid of this section cannot be invoked by all persons indiscriminately; a person invoking it must himself be related…
1Opinion of the CourtCaulfield, J.
(after stating the facts).— Plaintiff contents himself on this appeal with an assertion that the judgment is against the law and the evidence. With this we are unable to agree. The case resolved itself into the single question whether the sale by Dudley Shaw, to plaintiff’s mortgagor, was accompanied by such delivery and followed .by such change of imssession as would prevent it being-held to be fraudulent and void as against the creditors of the vendor under section 2887, of the Revised Statutes 1909. The trial court correctly declared the law, and upon conflicting evidence found against the…
2Cases cited4 opinions
- Lesem v. Herriford & LowrySupreme Court of Missouri · 1869
- Grand Avenue Bank v. St. Louis Union Trust Co.Missouri Court of Appeals · 1909
- Gilbert Book Co. v. SheridanMissouri Court of Appeals · 1905
- Huggins Cracker & Candy Co. v. T. H. Ellis & Co.Missouri Court of Appeals · 1891