Way v. Braley
Missouri Court of Appeals
Appeal from the Stoddard Circuit Court. — Hon. • John G. Wear, Judge. The finding of the court is against and contrary to the evidence in the case; the evidence is that the attachment was levied on the property in controversy before the mortgage was filed for record ; so, as to the plaintiff, the mortgage was invalid and an absolute nullity under section 5176 of the Revised Statutes of Missouri. Rawlings v. Bean, 80 Mo. 614, 619, and cases cited.
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Appeal from the Stoddard Circuit Court. — Hon. • John G. Wear, Judge. The finding of the court is against and contrary to the evidence in the case; the evidence is that the attachment was levied on the property in controversy before the mortgage was filed for record ; so, as to the plaintiff, the mortgage was invalid and an absolute nullity under section 5176 of the Revised Statutes of Missouri. Rawlings v. Bean, 80 Mo. 614, 619, and cases cited. There is no error in this record. The instruction given for the interpleaders is fully sustained by the decisions of our supreme court. 4 Kent’s…
1Opinion of the CourtBiggs, J.
This is a contest between the inter-pleaders, as mortgagees of certain personal property, and the plaintiff, as an attaching creditor of Braley, the mortgagor. The circuit court decided that the title under the chattel mortgage was superior, and the plaintiff in the attachment has appealed.
The cause was submitted to the court without the intervention of a jury. The interpleaders, to sustain their claim to the property, offered in evidence a chattel mortgage, dated April 14, 1888, executed by defendant, E. O. Braley, conveying the property in controversy to Hawks and Glover to secure anote…
2Cases cited2 opinions
- Bryson & Hardin v. PenixSupreme Court of Missouri · 1853
- Wilson v. MilliganSupreme Court of Missouri · 1881
3Cited by7 opinions
- First Nat. Bank of Buchanan County v. ConnettCourt of Appeals for the Eighth Circuit · 1905
- Fenby v. HuntWashington Supreme Court · 1909
- Birmingham v. CarrMissouri Court of Appeals · 1917
- Brunswick-Balke-Collender Co. v. KrausMissouri Court of Appeals · 1908
- Illinois National Bank v. HolmesAppellate Court of Illinois · 1941
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