Ottumwa National Bank v. Totten
Missouri Court of Appeals
Appeal from Clark Circuit Court. — Hon. Edwin B. McKee, Judge. (1) A party can not attach property of defendant and have it sold under writ of attachment, and then when inter-pleader claims same under mortgage, assert title independent of attachment. Boettger v. Noehling, 74 Mo.
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Appeal from Clark Circuit Court. — Hon. Edwin B. McKee, Judge. (1) A party can not attach property of defendant and have it sold under writ of attachment, and then when inter-pleader claims same under mortgage, assert title independent of attachment. Boettger v. Noehling, 74 Mo. App. 257. (2) There was a forfeiture under the mortgage as is clearly shown by the petition of the plaintiff in the cause, and the right of the mortgagor to redeem after forfeiture is not subject to at» tachment or execution. State ex rel. v. Carrol, 24 Mo. App. 358. (3) The interplea in the attachment suit by Madden…
1Opinion of the CourtBland, P. J.
Plaintiff sued defendant by attachment on three promissory notes and attached, as the property of defendant, nine black mules of various ages, two Jersey cows and twenty-five bushels of wheat.
At the April term, 1900, of the Clark Circuit Court, plaintiff filed an amended petition wherein it is stated in substance that the defendant, on the twenty-first day of August, 1899, executed and delivered to plaintiff a chattel mortgage on property (described) to secure said promissory notes, conditioned that all of the property described in the mortgage should remain on the premises of the mortgagor,…
2Cases cited19 opinions
- Nanson v. JacobSupreme Court of Missouri · 1887
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Godman v. SimmonsSupreme Court of Missouri · 1892
- Young v. SchofieldSupreme Court of Missouri · 1896
- Metcalf v. WilliamsMassachusetts Supreme Judicial Court · 1887
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3Cited by4 opinions
- Parsons v. RiceMontana Supreme Court · 1928
- Walden v. LockeCourt of Appeals of Texas · 1932
- Ottumwa National Bank v. TottenMissouri Court of Appeals · 1905
- Scott v. Vogel-Boul Soda Water Co.Missouri Court of Appeals · 1908