Gottschalk v. Klinger
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James A. Seddon, Judge. When plaintiff. obtained the Smith mortgage he knew the other mortgage was on record, and that as to Caroline Klinger it was void. Bryson n. Penix, 18 Mo. 13-15. And it would make no difference if Caroline knew the Smith mortgage was prior in date to hers. Benans n. Bolton, 31 Mo. 437; Hughes n. Menefee, 29 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. James A. Seddon, Judge. When plaintiff. obtained the Smith mortgage he knew the other mortgage was on record, and that as to Caroline Klinger it was void. Bryson n. Penix, 18 Mo. 13-15. And it would make no difference if Caroline knew the Smith mortgage was prior in date to hers. Benans n. Bolton, 31 Mo. 437; Hughes n. Menefee, 29 Mo. App. 192-203. But if it were not invalid our proposition still holds good, for Caroline Klinger had a lien on the property included in his mortgage, and hence plaintiff could not be entitled to the exclusive…
1Opinion of the Court
Biggs, J.,
delivered the opinion of the court.,
This was an action of replevin instituted by the respondent, before a justice of the peace of the city of St. Louis, on the twenty-second day of April, 18S6. The complaint alleged that the respondent was lawfully entitled to the possession of the personal property in controversy)' of the value of two hundred and twenty-five dollars ; that the same was wrongfully detained by defendant, and praying judgment for the possession of the property, and twenty dollars damages for its detention. Respondent gave bond and the property was taken from appellant…
2Cases cited4 opinions
- Adams v. WildesMassachusetts Supreme Judicial Court · 1871
- Barnett v. TimberlakeSupreme Court of Missouri · 1874
- Stern Auction & Commission Co. v. MasonMissouri Court of Appeals · 1885
- Beattie v. Andrew CountySupreme Court of Missouri · 1874
3Cited by10 opinions
- Bingenheimer Mercantile Co. v. SackNorth Dakota Supreme Court · 1923
- Knoche v. PerryCourt of Appeals of Kansas · 1901
- Bates & Co. v. StanleyNebraska Supreme Court · 1897
- Malone v. HopkinsMissouri Court of Appeals · 1890
- State Bank of West Union v. KeeneyMissouri Court of Appeals · 1908
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