Legal Opinion
Alamo Credit Corp. v. Smallwood
Missouri Court of Appeals
Decided September 22, 1970No. 33629PublishedCited by 5 opinions
1Opinion of the Court
CLEMENS, Commissioner.
Can a senior mortgagee intervene in a replevin action ten months after the junior mortgagee has repossessed the mortgaged property by a default judgment against the mortgagor? The trial court said no and dismissed the motion to intervene as untimely. The senior mortgagee appeals from the dismissal. We affirm, not because the senior mortgagee has no substantive rights but because the remedy of intervention applies only to pending litigation.
An abridged factual statement will suffice: On October 8, 1965 Glenn and Darlene Smallwood gave Crown Finance Corporation a $2,772…
Also in this document: Per curiam.
2Cases cited8 opinions
- Morton ex rel. Richardson v. Supreme Council of the Royal LeagueMissouri Court of Appeals · 1903
- City of St. Louis v. SilkMissouri Court of Appeals · 1947
- Zeitinger v. Hargadine-Mckittrick Dry Goods Co.Supreme Court of Missouri · 1923
- State Ex Rel. Transit Casualty Co. v. HoltMissouri Court of Appeals · 1967
- Young v. PressgroveSupreme Court of Missouri · 1946
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Model Housing & Development Corp. v. Collector of RevenueMissouri Court of Appeals · 1979
- Kranz v. Centropolis Crusher, Inc.Missouri Court of Appeals · 1982
- City of Montgomery v. NewsonMissouri Court of Appeals · 1971
- Hastings v. Van BlackMissouri Court of Appeals · 1992
- Johnson v. JohnsonMissouri Court of Appeals · 1997