Patton v. Phoenix Brick Co.
Missouri Court of Appeals
Appeal from Buchanan. Circuit Court. — Hon. Wm. D. ■ BusJc, Judge. (1) The seller of machinery fixtures, which are sold under a conditional sales contract, or where a chattel mortgage is given at the time of the sale to the seller, gives the seller a superior right and title to the fixture, to that of a prior mortgagee of the land and machinery. Anderson v. Creamery Co., 67 Pac. (Idaho) 493; Binkley v. Forkner, 19 N. E. (Ind.), 753; Northwestern Mut. Life Ins.
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Appeal from Buchanan. Circuit Court. — Hon. Wm. D. ■ BusJc, Judge. (1) The seller of machinery fixtures, which are sold under a conditional sales contract, or where a chattel mortgage is given at the time of the sale to the seller, gives the seller a superior right and title to the fixture, to that of a prior mortgagee of the land and machinery. Anderson v. Creamery Co., 67 Pac. (Idaho) 493; Binkley v. Forkner, 19 N. E. (Ind.), 753; Northwestern Mut. Life Ins. Co. v. George, 79 N. W. (Minn.) 1028; Edwards Lumber Co. v. Bank, 77 N. W. (Neb.) 765; General Electric Co. v. Transit Co., 42 Atl.…
1Opinion of the CourtEllison, J.
Plaintiff sought to foreclose two deeds of trust executed by the defendant brick company, the first on the 29th of July, 1902, and the second on the first of May, 1909. The Bonnot Company intervened in the action, claiming that two “repressed brick machines” found in the brick company’s plant and claimed to be covered by the deeds of trust, were its property. On a trial of that question the judgment in the circuit court was against the intervenor and it appealed.
We will dispose of the ease as it has been put by intervenor, and only discuss plaintiff’s rights under the second deed of trust.…
2Cases cited7 opinions
- Binkley v. ForknerIndiana Supreme Court · 1889
- Collins v. WilhoitSupreme Court of Missouri · 1891
- Edwards & Bradford Lumber Co. v. RankNebraska Supreme Court · 1899
- Collins v. WilhoitMissouri Court of Appeals · 1889
- Oyler v. RenfroMissouri Court of Appeals · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Fred W. Wolf Co. v. Hermann Savings BankMissouri Court of Appeals · 1913
- Security Stove & Manufacturing Co. v. StevensMissouri Court of Appeals · 1928
- Glueck & Co. v. PowellMissouri Court of Appeals · 1933
- Holtgreve v. SobolewskiSupreme Court of Missouri · 1930
- Roosevelt Federal Savings & Loan Ass'n v. CriderMissouri Court of Appeals · 1986
4 more not listed; retrieve them via the Exa API.