Legal Opinion

Mackey v. Jenkins

Missouri Court of Appeals

Decided May 20, 1895PublishedCited by 3 opinions

Appeal from the Jasper Circuit Court. — Hon. W. M. Robinson, Judge. (1) The locus must appear from the mortgage itself. This is done in this case, as the mortgage shows that the property is located on the premises of J. M. and Anna C. Webster, in Joplin City, Jasper county, Missouri. Where that is done parol proof may be resorted to for the purpose of further identification. Bozeman v. Fields, 44 Mo. App. 435; Bhutasel v. Stevens, 68 Iowa, 627; Campbell v. Allen, 38 Mo.

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Appeal from the Jasper Circuit Court. — Hon. W. M. Robinson, Judge. (1) The locus must appear from the mortgage itself. This is done in this case, as the mortgage shows that the property is located on the premises of J. M. and Anna C. Webster, in Joplin City, Jasper county, Missouri. Where that is done parol proof may be resorted to for the purpose of further identification. Bozeman v. Fields, 44 Mo. App. 435; Bhutasel v. Stevens, 68 Iowa, 627; Campbell v. Allen, 38 Mo. App. 27; State ex reí. v. Cabanne, 14 Mo. App. 294; Banlcv. Met-calf, 29 Mo. App. 384; Chandler v. West, 37 Mo. App. 631.…

1Opinion of the CourtG-ill, J.

The interested parties in this controversy are the plaintiff, Mackey, and the Joplin National Bank. Mackey brought replevin for certain household goods, which the defendant Jenkins, as constable, had in his possession, by virtue of the levy of a writ of attachment in suit instituted by said Joplin National Bank against one Webster. The basis of plaintiff’s claim was a certain chattel mortgage executed by Webster, April 20, 1892, to secure a sum of money which he had, prior thereto, borrowed of Mackey. The substantial question is whether or not the property in controversy was covered by…

2Cases cited3 opinions

  1. Chandler v. WestMissouri Court of Appeals · 1889
  2. New Hampshire Cattle Co. v. BilbyMissouri Court of Appeals · 1889
  3. Mayer v. KeithMissouri Court of Appeals · 1893

3Cited by3 opinions

  1. Trower Bros. v. HamiltonSupreme Court of Missouri · 1904
  2. J. H. North Furniture & Carpet Co. v. DavisMissouri Court of Appeals · 1898
  3. Jones Bros. Live Stock Commission Co. v. LongCourt of Appeals of Kansas · 1901

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