Cummings v. Badger Lumber Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Henry L. McOune, Judge. (1) Where there is no agreement to the contrary,, the mortgagee is entitled to the possession of the property on the execution of the mortgage; but where there is an agreement that possession shall remain with the-mortgagor until certain conditions are broken, such, agreement must control and the right of possession will not accrue until one or more of these shall be broken. Drug Co. v. Self, 77 Mo.
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Appeal from Jackson Circuit Court. — Hon. Henry L. McOune, Judge. (1) Where there is no agreement to the contrary,, the mortgagee is entitled to the possession of the property on the execution of the mortgage; but where there is an agreement that possession shall remain with the-mortgagor until certain conditions are broken, such, agreement must control and the right of possession will not accrue until one or more of these shall be broken. Drug Co. v. Self, 77 Mo. App. 284; Kerbs v. Zumwalt, 86 Mo. App. 133; Burke v. Metcalf, 29 Mo. App. 391. (2) Until a mortgagor loses his right to…
1Opinion of the CourtBboaddtjs, P. J.
This is a suit in replevin brought by plaintiff for the possession of a certain planing mill, attachments and contents, the said planing mill not being a part of any real estate. The allegations of the petition are that plaintiff is entitled to the possession of the property described and that the same was wrongfully taken by the defendants. Plaintiff executed *560the necessary bond and obtained under Ms writ possession of tbe property.
The answer of defendants is a general denial; and further that in February, 1905, prior to the institution of the suit, which was begun on July 28, 1905, the…
2Cases cited8 opinions
- West v. BrisonSupreme Court of Missouri · 1889
- Weltner v. RiggsWest Virginia Supreme Court · 1869
- Aultman & Taylor Co. v. SmithMissouri Court of Appeals · 1893
- Baker v. CunninghamSupreme Court of Missouri · 1901
- Smarr v. SchnitterSupreme Court of Missouri · 1866
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3Cited by5 opinions
- Wilkins v. WillimonSupreme Court of South Carolina · 1924
- Martin v. Fannin BankCourt of Appeals of Texas · 1965
- General Motors Acceptance Corp. v. PetrilloCourt of Appeals of Maryland · 1969
- Bentrup v. Johnson and Lehmann.Missouri Court of Appeals · 1929
- Sonfield v. ThomasCourt of Appeals of Texas · 1968