Harrison & Calhoon v. South Carthage Mining Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — How. J. D. Perkins, Judge. (1) The Fitch mortgage under any circumstances, was only constructively or legally fraudulent and void, as to that part of plaintiff’s debt contracted between date of execution, and its being filed for record; and plaintiffs’ judgment including indebtedness contracted before the execution of said mortgage and as to which said mortgage, under the finding of facts, was and is valid, plaintiffs can not hold…
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Appeal from Jasper Circuit Court. — How. J. D. Perkins, Judge. (1) The Fitch mortgage under any circumstances, was only constructively or legally fraudulent and void, as to that part of plaintiff’s debt contracted between date of execution, and its being filed for record; and plaintiffs’ judgment including indebtedness contracted before the execution of said mortgage and as to which said mortgage, under the finding of facts, was and is valid, plaintiffs can not hold garnishee for any part of • the judgment and garnishee is entitled to be discharged. Bank v. Cramer, 78 Mo. App. 475; Estlow v.…
1Opinion of the CourtEllison, J.
Plaintiffs obtained a .judgment against defendant before a justice of the peace and had an execution issued thereon. The officer garnished the present garnishee who denied owing defendant. On ap*36peal to the circuit court judgment was rendered against the garnishee.
Defendant gave a chattel mortgage to one Mrs. Pitch, the garnishee’s daughter, he transacting the business for her. Both of them neglected to record it for near three months. She assigned it and the note it secured, to the garnishee, and he then on the same day filed it for record. Afterwards, he toolc possession of the property,…
2Cases cited11 opinions
- Mayer v. ZingreNebraska Supreme Court · 1885
- Baker v. GilmanNew York Supreme Court · 1868
- Harrison v. South Carthage Mining Co.Missouri Court of Appeals · 1902
- Estlow v. HannaMichigan Supreme Court · 1889
- Stiff v. FisherTexas Supreme Court · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- First Nat. Bank of Buchanan County v. ConnettCourt of Appeals for the Eighth Circuit · 1905
- McElvain v. HardestyCourt of Appeals for the Eighth Circuit · 1909
- Hollenbeck v. LoudenSouth Dakota Supreme Court · 1915
- Brunswick-Balke-Collender Co. v. KrausMissouri Court of Appeals · 1908
- Brown Grain Co. v. CoughlinSouth Dakota Supreme Court · 1928