Kingsland v. Drum
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. — Hon. D. L. Hawkins, Judge. The evidence shows that appellants took the mortgage in good faith, for the purpose of securing a just debt.
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Appeal from Cape Girardeau Circuit Court. — Hon. D. L. Hawkins, Judge. The evidence shows that appellants took the mortgage in good faith, for the purpose of securing a just debt. The law declared by.this court in Wangler v. Franklin, 70 Mo. 659, and Robbins v. Phillips, 68 Mo. 100, was radically changed by act of the legislature of April 2nd, 1877. R. S., § 2507. Assuming that the evidence established a conditional sale, the condition was not evidenced by writing, as required by the foregoing act, and was, consequently, void, and the petition, failing to allege the execution of such writing,…
1Opinion of the CourtNorton, J.
This suit was instituted for the purpose of setting aside a certain deed of mortgage executed by one Eisenberg, conveying to defendant Brum a certain threshing machine and horse-power, to secure him in the payment of certain debts therein mentioned. The mortgage was executed on the 10th day of August, 1878, and the validity of it is assailed by plaintiffs on the ground that said mortgage was without consideration, and that when it was executed defendant, Drum, had notice that said plaintiffs had a lien on said property for the purchase money, and that said machine and horse-power were sold by…
2Cases cited8 opinions
- Ringo v. RichardsonSupreme Court of Missouri · 1873
- Speck v. RigginSupreme Court of Missouri · 1867
- Musick v. BarneySupreme Court of Missouri · 1872
- Robbins v. PhillipsSupreme Court of Missouri · 1878
- Criddle's Administrator v. CriddleSupreme Court of Missouri · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- American Clay Machinery Co. v. Sedalia Brick & Tile Co.Missouri Court of Appeals · 1913
- Oyler v. RenfroMissouri Court of Appeals · 1900
- Toledo Computing Scale Co. v. AubuchonMissouri Court of Appeals · 1915