Moore v. Ryan
Missouri Court of Appeals
Appeal from Barton Circuit Court, .Hon. D. P. Stratton, Judge. Statement of case by tbe court This is an action of replevin for the recovery of the possession of a cow. The controversy grew .out of the following state of facts: On the eighteenth of June, 1880, the plaintiff executed to defendant his chattel mortgage on the cow in question, and on a team of, horses, to indemnify the defendant as surety for plaintiff on a certain note of that date to one C. H. Pool.
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Appeal from Barton Circuit Court, .Hon. D. P. Stratton, Judge. Statement of case by tbe court This is an action of replevin for the recovery of the possession of a cow. The controversy grew .out of the following state of facts: On the eighteenth of June, 1880, the plaintiff executed to defendant his chattel mortgage on the cow in question, and on a team of, horses, to indemnify the defendant as surety for plaintiff on a certain note of that date to one C. H. Pool. The note was for one hundred and twenty-five dollars, and became due on the eighteenth day of December, 1885. The mortgage is…
1Opinion of the CourtPhilips, P. J.
I. After condition broken the defendant became entitled to the possession of the mortgaged property, as he was jhen the legal owner. Until *480foreclosure, pursuant to the provisions of the mortgage, the plaintiff had an equity of redemption. And while so long as the mortgagee holds the property under the forfeiture, the mortgageor cannot retake it without paying the mortgage debt, yet if the mortgagee shall proceed 'to a foreclosure under the provisions of the deed, he does so for the purpose of realizing his debt; and when he has thus recovered the amount of his debt, that is the accomplishing…
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- Charter v. StevensNew York Supreme Court · 1846
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