Bascom v. Rainwater
Missouri Court of Appeals
Appeal from Lafayette Circuit Court, Hon. Richard Field, Judge. Statement of case by the court. The respondents began suit by attachment against Christian W. Grau, in which certain goods, wares, and merchandise and other property, were attached as the property of said Grau. The plaintiff, claiming to be the assignee of said Grau under a deed of assignment, interpleaded, claiming the property so seized as such assignee.
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Appeal from Lafayette Circuit Court, Hon. Richard Field, Judge. Statement of case by the court. The respondents began suit by attachment against Christian W. Grau, in which certain goods, wares, and merchandise and other property, were attached as the property of said Grau. The plaintiff, claiming to be the assignee of said Grau under a deed of assignment, interpleaded, claiming the property so seized as such assignee. The instrument under which the plaintiff claims title is as follows: “Know all men by these presents, that the undersigned, C. W. Grau, of Corder, Lafayette county, Missouri,…
1Opinion of the CourtPhilips, P. J.
I. The controlling question for determination on this record is, whether the deed from Grau to May is a chattel mortgage, or deed of assignment. We have had occasion in two recent cases (Smith & Keating Imp. Co. v. Thurman, 29 Mo. App. 186, and Mills v. Williams, not yet reported), to consider the distinction between a chattel mortgage and deed of assignment. . Without again going into detail, we will state that the principal difference is, that a deed of assignment is an absolute alienation of the property by the grantor in trust to raise a fund for the purpose of paying the debts of the…
2Cases cited5 opinions
- Cooper v. BrockMichigan Supreme Court · 1879
- Gage v. ChesebroWisconsin Supreme Court · 1880
- Douglass v. CissnaMissouri Court of Appeals · 1885
- Gummersell v. HanbloomMissouri Court of Appeals · 1885
- Smith & Keating Implement Co. v. ThurmanMissouri Court of Appeals · 1888
3Cited by2 opinions
- Waggoner-Gates Milling Co. v. Ziegler-Zaiss Commission Co.Supreme Court of Missouri · 1895
- Sabin v. ChrismanOregon Supreme Court · 1916