Russell v. Letton
Missouri Court of Appeals
Appeal from the Clay Circuit Court. — Hon. E. J. Broadus, Judge. STATEMENT. This is an action in replevin and involves the right and title to about $1,500 worth of cattle, horses, corn, hay, etc., once the property of Gfeorge Y. Nall, a Clay county farmer. The plaintiff’s claim was based un a chattel mortgage made by the said Nall, while the defendant asserted a right by virtue of the levy of an execution, which he as sheriff held on a judgment in favor'of F. M. Barnes.
Read the full summary
Appeal from the Clay Circuit Court. — Hon. E. J. Broadus, Judge. STATEMENT. This is an action in replevin and involves the right and title to about $1,500 worth of cattle, horses, corn, hay, etc., once the property of Gfeorge Y. Nall, a Clay county farmer. The plaintiff’s claim was based un a chattel mortgage made by the said Nall, while the defendant asserted a right by virtue of the levy of an execution, which he as sheriff held on a judgment in favor'of F. M. Barnes. The controversy arises out of about the following state of facts: In the year 1892, and for several years prior thereto,…
1Opinion of the CourtGill, J.
— As appears from the foregoing statement, this is another of those contests, so often before the courts, wherein two rival creditors have sought to save their claims out of the assets of the insolvent debtor. The real parties in interest here are, Russell claiming under a chattel mortgage executed and recorded June 30, 1892, and Barnes, a subsequent execution creditor. Both appear to have just claims against Nall, the common debtor; and the question is, who, in this race for *547preference, is entitled to priority. On the face of things, Russell — being first in the point of time — has prima…
2Cases cited5 opinions
- Shelley v. BootheSupreme Court of Missouri · 1880
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Foster v. ReynoldsSupreme Court of Missouri · 1866
- Deering & Co. v. Collins & SonMissouri Court of Appeals · 1889
- Schroeder v. BobbittSupreme Court of Missouri · 1891
3Cited by1 opinion
- Bank of Urbana v. WrightMissouri Court of Appeals · 1994