State Bank of West Union v. Keeney
Missouri Court of Appeals
Appeal from Olay Circuit Court. — Hon. Frmicis H. Trimble, Judge. (1) The court erred in giving the peremptory instruction for plaintiff. The chattel mortgage to J. R. Ware did not show a superior outstanding title, because, it was recorded in the wrong county. Dry Goods Co. v. Daily, 198 Mo. 687; 6 Cyc., page 1084; Martin Perrin Merc. Co. v. Perkins, 68 Mo. App. 310; Buggy Co. v. Woodson, 59 M'o.. App'. 550; State ex rel. v. Stilington,. 51 Mo.
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Appeal from Olay Circuit Court. — Hon. Frmicis H. Trimble, Judge. (1) The court erred in giving the peremptory instruction for plaintiff. The chattel mortgage to J. R. Ware did not show a superior outstanding title, because, it was recorded in the wrong county. Dry Goods Co. v. Daily, 198 Mo. 687; 6 Cyc., page 1084; Martin Perrin Merc. Co. v. Perkins, 68 Mo. App. 310; Buggy Co. v. Woodson, 59 M'o.. App'. 550; State ex rel. v. Stilington,. 51 Mo. App. 252. (2) The court should have given the peremptory instruction asked by interpleader. The chattel mortgage under which interpleader claimed was…
1Opinion of the CourtJohnson, J.
Plaintiff brought.suit by attachment in the circuit court of Clay county,- September 15, 1906, on a demand of $1,193-52, against Luther Keeney and his wife, Matilda Keeney, and on March 12, 1907, caused the writ to be levied on certain personal property in a hotel in Excelsior Springs. On June 10,1907, Oscar P. Miller filed an interplea in the cause in which he claimed to be the owner of a special interest in the attached property under a chattel mortgage executed by Matilda Keeney and her daughter, Gertrude, to secure the payment of their promissory note to interpleader of $550, dated…
2Cases cited7 opinions
- Adams v. WildesMassachusetts Supreme Judicial Court · 1871
- Spooner v. RossMissouri Court of Appeals · 1887
- Brownwell & Wight Car Co. v. BarnardSupreme Court of Missouri · 1897
- Gottschalk v. KlingerMissouri Court of Appeals · 1889
- Torreyson v. TurnbaughMissouri Court of Appeals · 1904
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3Cited by4 opinions
- Keet-Roundtree Dry Goods Co. v. HodgesMissouri Court of Appeals · 1913
- Eaker v. HarveyMissouri Court of Appeals · 1915
- State Bank of West Union v. KeeneyMissouri Court of Appeals · 1911
- In re the Assignment of RiceColumbiana County Probate Court · 1914