Bolckow Milling Co. v. Turner, Frazer & Co.
Missouri Court of Appeals
Appeal from Nodaway Circuit Court, Hon. Henry S. Kelley, Judge. Statement of case by the court. This was a controversy between the respondent and the appellants, who were all attaching creditors of Win. Young, The controversy was submitted to the court on the following agreed statement of facts : “Come now the parties hereunto and state to the court, that on the twenty-sixth day of June, 18S3, before one A. Gf.
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Appeal from Nodaway Circuit Court, Hon. Henry S. Kelley, Judge. Statement of case by the court. This was a controversy between the respondent and the appellants, who were all attaching creditors of Win. Young, The controversy was submitted to the court on the following agreed statement of facts : “Come now the parties hereunto and state to the court, that on the twenty-sixth day of June, 18S3, before one A. Gf. Lucas, a justice of the peace in and for Hopkins township, Nodaway county, Missouri, Turner, Frazer & Company began an attachment suit against one William Young, and in said attachment…
1Opinion of the CourtHall, J.
The claim made by the Bolckow Milling Company rests upon section 2353, Revised Statutes, which provides as follows :
“Personal property shall, in all cases, be subject to execution on a judgment against the purchaser for the purchase price thereof, and shall in no case be exempt from such judgment and execution, except in tht hands of an innocent purchaser, for valioe, without notice of the existence of such prior claim for the purchase money.”
It cannot be said that the statute confers upon the vendor of personal property a lien for the purchase price thereof. France v. Thomas, 86 Mo. 80;…
2Cases cited4 opinions
- Parker v. RodesSupreme Court of Missouri · 1883
- Bates County National Bank v. OwenSupreme Court of Missouri · 1883
- France v. ThomasSupreme Court of Missouri · 1885
- Meincke v. BracksieckMissouri Court of Appeals · 1883
3Cited by5 opinions
- Straus v. RothanSupreme Court of Missouri · 1890
- Boyd v. J. M. Ward Furniture, Stove & Carpet Co.Missouri Court of Appeals · 1889
- Corning & Co. v. Rinehart Medicine Co.Missouri Court of Appeals · 1891
- Spitz v. KerfootMissouri Court of Appeals · 1890
- Boltz v. EagonU.S. Circuit Court for the District of Eastern Missouri · 1888