Hardin v. Bank of Centralia
Missouri Court of Appeals
Appeal from Randolph Circuit Court.—Hon. Alex H. Waller, Judge. The court erred in finding against the plaintiff, and dismissing his bill. The rule is well settled in this State that the reservation in a lease, of a specific lien on personal property, is equivalent to, and is, in effect, a chattel mortgage. Faxon v. Ridge, 87 Mo. App. 299, 306; Feller v. McKillip, 100 Mo. App. 660, 664; Saunders v. Ohlhausen, 127 Mo.
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Appeal from Randolph Circuit Court.—Hon. Alex H. Waller, Judge. The court erred in finding against the plaintiff, and dismissing his bill. The rule is well settled in this State that the reservation in a lease, of a specific lien on personal property, is equivalent to, and is, in effect, a chattel mortgage. Faxon v. Ridge, 87 Mo. App. 299, 306; Feller v. McKillip, 100 Mo. App. 660, 664; Saunders v. Ohlhausen, 127 Mo. App. 546, 551. It is equally well settled that one holding a lease containing such mortgage clause, has the right to maintain replevin for the personal property of the lessee,…
1Opinion of the CourtEllison, P. J.
Plaintiff’s action was instituted by filing his bill in equity whereby he asserts a lien on certain personal property and asks to have it declared a prior and superior lien to one claimed to exist in favor of the defendant bank. The judgment in the trial court was for defendants.
It appears that plaintiff was the owner of a farm in Audrain county which by a written lease dated the 25th of September, 1909, he rented to one Hielscher for a term of three years, beginning on the 1st day of March, 1910 and ending on the 28th day of February, 1913, the rent being $3240, at the rate of $1080 for each…
2Cases cited12 opinions
- Karst v. . GaneNew York Court of Appeals · 1893
- First Nat. Bank of Buchanan County v. ConnettCourt of Appeals for the Eighth Circuit · 1905
- McElvain v. HardestyCourt of Appeals for the Eighth Circuit · 1909
- Landis v. McDonaldMissouri Court of Appeals · 1901
- In re BotheCourt of Appeals for the Eighth Circuit · 1909
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3Cited by4 opinions
- Pearson v. LaffertyMissouri Court of Appeals · 1917
- Stewart v. AsburyMissouri Court of Appeals · 1918
- Bentrup v. Johnson and Lehmann.Missouri Court of Appeals · 1929
- Joeckel v. GustMissouri Court of Appeals · 1925