State ex rel. Carpenter v. O'Neill
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Jno. W. Henry, Judge. (1) The operative words of conveyance in the mortgage, as shown by the copy of it in the record, are to “Luther A. Carpenter,’’ “his heirs and assigns,” and the note secured by it is described as payable to “Luther A. Carpenter, agent.” James C. Carpenter’s name nowhere appears in the mortgage.
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Appeal from the Jackson Circuit Court. — Hon. Jno. W. Henry, Judge. (1) The operative words of conveyance in the mortgage, as shown by the copy of it in the record, are to “Luther A. Carpenter,’’ “his heirs and assigns,” and the note secured by it is described as payable to “Luther A. Carpenter, agent.” James C. Carpenter’s name nowhere appears in the mortgage. The legal title, therefore, to the property was vested in Luther A. Carpenter, and the cause of action, if any, also vested in him. (2) Van Voorhis left the mortgage at the recorder’s office; he kept the note, and never delivered it to…
1Opinion of the CourtEllison, J.
Statement. — The plaintiff sued defendants (who are the sheriff and his sureties), the suit being on the official bond. The judgment in the cir- . , cuit court was for plaintiff. It appears that the sheriff levied an execution on a lot of personal property as the property of one Yan Yoorhis, the defendant in the execution, and sold the same. Plaintiff claims the property as mortgagee, Yan Yoorhis having, as plaintiff claims, made to him a chattel mortgage on the property to secure a note given for rent of a farm and due in three years. The mortgage was executed to “Luther A. Carpenter,…
2Cases cited2 opinions
- Cravens v. RossiterSupreme Court of Missouri · 1893
- Fischer Leaf Co. v. WhippleMissouri Court of Appeals · 1892
3Cited by4 opinions
- UNITED FIRE & CASUALTY INSURANCE COMPANY v. PAUL GARVEY — FENTON, L.L.C., INTERVENOR —Court of Appeals for the Eighth Circuit · 2003
- R. W. Wilson Motor Co. v. HooverMissouri Court of Appeals · 1927
- Hanson v. CrawfordMissouri Court of Appeals · 1908
- United Fire v. Paul GarveyCourt of Appeals for the Eighth Circuit · 2003