Bowens v. Benson
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. It is well settled that a mortgagee of personal chattels, after the day of redemption is passed, is regarded in law as the absolute owner and can dispose of the property as he pleases. (Robinson vs. Campbell, 8 Mo., 365, 366; Robertson vs. Campbell, 8 Mo., 615, 617; Williams vs. Rorer, 7 Mo., 556; Lacey vs. Gibboney, 36 Mo., 320, 322; Ferguson vs. Thomas? 26 Mo., 499.)
1Opinion of the CourtNaftoN, Judge
This action was brought to recover the value of four or five horses alleged to have been taken by defendant from the possession of plaintiff and converted to his own rise.
The facts appeared' to be, as shown at the trial, that the plaintiff rented a farm of defendant for three hundred and seventy-five dollars, to be paid on the 1st of January, 1871, and for this sum he gave his note payable on that day, and to secure this note he executed a bill of sale or mortgage of the horses in question to defendant, which was to be void if plaintiff paid the note, but was to remain in force if the note…
2Cited by11 opinions
- Hickman v. DillMissouri Court of Appeals · 1888
- Baldridge v. DawsonMissouri Court of Appeals · 1890
- State ex rel. Wright v. AdamsSupreme Court of Missouri · 1882
- Edmonston v. JonesMissouri Court of Appeals · 1902
- Buddington v. MastbrookMissouri Court of Appeals · 1885
6 more not listed; retrieve them via the Exa API.