Edmonston v. Wilson
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The increase of animals belongs to the usufructuary. White v. Storms, 21 Mo. App. 288; Stuart v. Ball’s Adm’rs, 33 Mo. 156; 2 Kent’s Commentaries, 360, 450. The mortgagor being in possession of the property in this case was the usufructuary.
Read the full summary
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The increase of animals belongs to the usufructuary. White v. Storms, 21 Mo. App. 288; Stuart v. Ball’s Adm’rs, 33 Mo. 156; 2 Kent’s Commentaries, 360, 450. The mortgagor being in possession of the property in this case was the usufructuary. (2) The mortgagee has no right to the increase of animals described in'his mortgage as against a purchaser without actual notice of his claim to such increase, when the mortgage does not in terms cover the increase, and when the mortgaged animal is left in the possession of the…
1Opinion of the CourtSmith, P. J.
This was an action of replevin to recover the possession of a colt. The facts as we learn them from the evidence are that in January, 1889, one Walker executed to plaintiff a deed of trust conveying to him, amongst other personal property, “one bay mare, fifteen hands high, in foal by N. Barnes’ horse,” to secure a certain promissory note therein mentioned which was duly recorded. The colt in question was foaled by the mare on the first of May, 1889. On October 4, following, the defendant purchased the colt of Walker while it was following the mare. Colts are usually weaned when six months…
2Cases cited10 opinions
- Kellogg v. LovelyMichigan Supreme Court · 1881
- Conderman v. SmithNew York Supreme Court · 1863
- Funk v. PaulWisconsin Supreme Court · 1885
- Stewart ex rel. Ashley v. Ball's AdministratorSupreme Court of Missouri · 1862
- Hellman & Co. v. Pollock & Co.Missouri Court of Appeals · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Shoobert v. De MottaCalifornia Supreme Court · 1896
- Demers v. GrahamMontana Supreme Court · 1907
- Talbot v. MageeMissouri Court of Appeals · 1894
- Cambridge Production Credit Ass'n v. PatrickOhio Supreme Court · 1942
- Rogers v. GageMissouri Court of Appeals · 1894
2 more not listed; retrieve them via the Exa API.