Oyler v. Renfro
Missouri Court of Appeals
Appeal from the Grundy Circuit Court. — Hon. P. G. Stepp, Judge. (1) Although creditors and purchasers may have actual knowledge of a mortgage of personal property, it is void as to them unless it is acknowledged and recorded. Collins v. Wilhoit, 108 Mo. 458; Loeffler v. Damoree Bros., 75 Mo. App. 207; Buggy Co. v. Woodson, 59 Mo.
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Appeal from the Grundy Circuit Court. — Hon. P. G. Stepp, Judge. (1) Although creditors and purchasers may have actual knowledge of a mortgage of personal property, it is void as to them unless it is acknowledged and recorded. Collins v. Wilhoit, 108 Mo. 458; Loeffler v. Damoree Bros., 75 Mo. App. 207; Buggy Co. v. Woodson, 59 Mo. App. 550; Johnson-Brinkman Co. v. Bank, 116 Mo. 571. (2) Plaintiff’s fourth instruction is reversible error for the reason that it authorizes a verdict for the plaintiff on a theory contradictory of the,theory on which the plaintiff tried the cause. Rhoades v.…
1Opinion of the CourtEllison, J.
This is an action in replevin for two horses. The plaintiff recovered in the trial court.
Plaintiff contends that he was the owner of the horses; that they were purchased for him by his brother-in-law, Brennenstuhl, acting as his agent, in the spring of 1899; that after the horses were purchased and delivered to him he loaned them to Brennenstuhl to make a crop the ensuing season; that he gave his notes for the purchase money Ovfthe horses, though Brennestuhl signed also; that afterwards, in September, 1899, Brennenstuhl sold the horses to defendant without plaintiff’s knowledge or consent.…
2Cases cited6 opinions
- Hughes v. MenefeeMissouri Court of Appeals · 1888
- Collins v. WilhoitSupreme Court of Missouri · 1891
- Bevans v. BoltonSupreme Court of Missouri · 1862
- Collins v. WilhoitMissouri Court of Appeals · 1889
- Mead v. MaberryMissouri Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McElvain v. HardestyCourt of Appeals for the Eighth Circuit · 1909
- American Clay Machinery Co. v. Sedalia Brick & Tile Co.Missouri Court of Appeals · 1913
- Patton v. Phoenix Brick Co.Missouri Court of Appeals · 1912
- Gilbert Book Co. v. SheridanMissouri Court of Appeals · 1905
- Landreth Machinery Co. v. RoneyMissouri Court of Appeals · 1915
2 more not listed; retrieve them via the Exa API.