Dawson v. Cross
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — Hon. Alonzo D• Bumes, Judge. (1) Tbe first instruction given by tbe court for tbe plaintiffs and excepted to by defendant, is erroneous because it assumes that the mortgage to plaintiffs sufficiently describes the hogs therein, and wholly ignores the evidence and the issue concerning the identity of the mortgaged property; and it, in effect, told the jury to disregard it. Bank v. Metcalf, 29 Mo. App. 384; Hoffman v. Parry, 23 Mo.
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Appeal from Clinton Circuit Court. — Hon. Alonzo D• Bumes, Judge. (1) Tbe first instruction given by tbe court for tbe plaintiffs and excepted to by defendant, is erroneous because it assumes that the mortgage to plaintiffs sufficiently describes the hogs therein, and wholly ignores the evidence and the issue concerning the identity of the mortgaged property; and it, in effect, told the jury to disregard it. Bank v. Metcalf, 29 Mo. App. 384; Hoffman v. Parry, 23 Mo. App. 20; Stonebraker v. Eord, 81 Mo. 532; Chandler v. West, 37 Mo. App. 631; Jones on Chattel Mortg. sec. 56. The mortgage was,…
1Opinion of the CourtSmith, P. J.
The controversy is between two mortgagees. The plaintiffs claim that they are entitled to the possession under a certain mortgage given by the mortgagor to secure the payment of specified indebtedness. The defendant contends that the description of the property, as set forth in this mortgage, is void for uncertainty, it reading: “Sixty-two head of stock hogs average weight about one hundred pounds. Said stock now being fed on farm nine miles northeast of Lathrop, Mo.”
It may be well doubted whether or not the description in the mortgage is prima facie sufficient to locate and identify the…
2Cases cited9 opinions
- Stonebraker v. FordSupreme Court of Missouri · 1884
- Dobyns v. MeyerSupreme Court of Missouri · 1888
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
- Rock Island National Bank v. PowersSupreme Court of Missouri · 1896
- Chandler v. WestMissouri Court of Appeals · 1889
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3Cited by5 opinions
- Barber Asphalt Paving Co. v. O'BrienMissouri Court of Appeals · 1908
- Murphy v. Burlington Overall Co.Missouri Court of Appeals · 1931
- Pine Lawn Bank & Trust Co. v. SchnebelenMissouri Court of Appeals · 1979
- Aaron v. FarrowSupreme Court of Oklahoma · 1925
- Strop v. HughesMissouri Court of Appeals · 1907