Drew v. Drum
Missouri Court of Appeals
Appeal from the Howell, Circuit Court. — Hon. Joseph Cravens, Judge. (1) Mortgages of personal property, where possession is not delivered to the mortgagee, must be acknowledged or proved, and recorded in the same manner as the conveyances of lands.
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Appeal from the Howell, Circuit Court. — Hon. Joseph Cravens, Judge. (1) Mortgages of personal property, where possession is not delivered to the mortgagee, must be acknowledged or proved, and recorded in the same manner as the conveyances of lands. R. S. 1889, sec. 5176. ( 2) It is clearly provided by statute that the acknowledgment to conveyances of real estate, when taken before a justice of the peace, can be only taken before a justice' of the peace within the county where the land is situated. R. S. 1889, sec. 2403. (3) A defectively acknowledged instrument is not admissible in evidence,…
1Opinion of the CourtBiggs, J.
John Heckart is a resident of Howell county, Missouri. On the eighth day of December, 1888, *27he executed and delivered to the defendant a chattel mortgage on certain personal property then in Howell county. The mortgage was acknowledged before a justice of the peace in Greene county. On the second day of October, 1889, Heckart made a deed of assignment to the plaintiff conveying all property for the benefit of his creditors. After the execution of the deed of assignment, the defendant had his chattel mortgage recorded, and he immediately took possession of the property thereunder. To recover…
2Cases cited8 opinions
- J. I. Case Threshing Machine Co. v. CampbellOregon Supreme Court · 1887
- Clark v. ConwaySupreme Court of Missouri · 1856
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- Heinrichs v. WoodsMissouri Court of Appeals · 1879
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