Golden v. Moore
Missouri Court of Appeals
Appeal from Moniteau Circuit Court. — Hon. William H. Martin, Judge. (1) The description in the mortgage is wholly insufficient. The bank has no claim under such mortgage. The description is not only vague, but according to the evidence is absolutely incorrect. Young v. Bank, 97 Mo. App. 576; Chandler v. West, 87 Mo.
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Appeal from Moniteau Circuit Court. — Hon. William H. Martin, Judge. (1) The description in the mortgage is wholly insufficient. The bank has no claim under such mortgage. The description is not only vague, but according to the evidence is absolutely incorrect. Young v. Bank, 97 Mo. App. 576; Chandler v. West, 87 Mo. App. 681. (2) In a chattel mortgage after the note has become due and remains unpaid, the legal title to the property passes to the mortgagee, in fact the mortgagee has legal title at all times after mortgage is given. White v. Quinlan, 30 Mo. App. 54; s. c., 39 Mo. App. 356;…
1Opinion of the CourtJohnson, J.
Action in the nature of trover for the conversion of personal property. A jury was waived and plaintiff recovered judgment from which defendant appealed. It appears from the evidence that defendant innocently purchased a mule belonging to plaintiff Golden from a. thief who had stolen it. Golden had mortgaged the animal to the plaintiff bank to secure a debt which was unpaid and past due at the time of the theft, but had retained possession of the property. Before the beginning of this action, defendant had sold and delivered the property to a stranger. Mortgagor and mortgagee join as parties…
2Cases cited10 opinions
- Elfrank ex rel. Elfrank v. SeilerSupreme Court of Missouri · 1873
- Chandler v. WestMissouri Court of Appeals · 1889
- Citizens' Bank v. Tiger Tail Mill & Land Co.Supreme Court of Missouri · 1899
- Bank of Little Rock v. FisherMissouri Court of Appeals · 1893
- Case v. FoggSupreme Court of Missouri · 1870
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3Cited by9 opinions
- Wilkinson v. MisnerMissouri Court of Appeals · 1911
- O'Toole v. LowensteinMissouri Court of Appeals · 1913
- Swift v. Central Union Fire InsuranceMissouri Court of Appeals · 1916
- Tobin v. KampeCourt of Appeals for the Eighth Circuit · 1942
- Central Manufacturing Co. v. MontgomeryMissouri Court of Appeals · 1910
4 more not listed; retrieve them via the Exa API.