Petring v. Chrisler
Supreme Court of Missouri
Appeal from Lawrence Circuit Court.— Hon. M. G. McGregor, Judge. (1) The mortgage was fraudulent per se, because it purported to convey property thereafter to be acquired — property not then owned by the mortgageors and perhaps not in existence. Phelps v. Murray, 4 Cent. Law Jour. 583. The court so held, but also held that the defect was cured by a subsequent delivery of possession.
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Appeal from Lawrence Circuit Court.— Hon. M. G. McGregor, Judge. (1) The mortgage was fraudulent per se, because it purported to convey property thereafter to be acquired — property not then owned by the mortgageors and perhaps not in existence. Phelps v. Murray, 4 Cent. Law Jour. 583. The court so held, but also held that the defect was cured by a subsequent delivery of possession. We concede that technical fraud, apparent on the face of an instrument, is cured by a delivery of possession. This was decided in Nash v. Norment, 5 Mo. App. 545. But in this case there was no subsequent delivery…
1Opinion of the Court
Rat, J.—
In April, 1881, plaintiff began this suit against defendants, John and A. J. Chrisler, by petition in the ordinary form, for actions on account, with affidavit and bond for attachment against the property in controversy, which consists of a certain stock of dry' goods and merchandise. The attachment writ was thereafter levied by the sheriff upon the said stock of goods whilst the same was in the possession of the Herr Dry Goods Company. Said Herr Dry Goods Company gave the sheriff a forthcoming bond, as provided in section 421, Revised Statutes, and retained the possession, and by…
2Cases cited6 opinions
- Wright v. Bircher'sSupreme Court of Missouri · 1880
- Bullene v. BarrettSupreme Court of Missouri · 1885
- Greeley v. ReadingSupreme Court of Missouri · 1881
- Nash v. NormentMissouri Court of Appeals · 1878
- France v. ThomasSupreme Court of Missouri · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Boland v. RossSupreme Court of Missouri · 1894
- Frick Co. v. OatsSupreme Court of Oklahoma · 1908
- Grafeman Dairy Co. v. Northwestern BankSupreme Court of Missouri · 1926
- Kenney v. HurlburtOregon Supreme Court · 1918
- Johansen Bros. Shoe Co. v. AllesCourt of Appeals for the Eighth Circuit · 1912
16 more not listed; retrieve them via the Exa API.