Smith v. Thompson
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Henry M. Barney, Judge. (1) The amendatory act which went into effect June 1, 1903, can have no retroactive effect, nor does it apply to a- mortgage executed and filed long before its adoption. Cranor v. School District, 151 Mo. 125; Mc-Eaul v. Haley, 166 Mo. 56; Reed v. Swan, 133 Mo. 100; Chiles v. School District, 103 Mo. App. 240; Singer Mfg. Co. v. Shull, 74 Mo. App. 486; Petring v. Cur. Riv. Co., Ill Mo.
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Appeal from Buchanan Circuit Court. — Hon. Henry M. Barney, Judge. (1) The amendatory act which went into effect June 1, 1903, can have no retroactive effect, nor does it apply to a- mortgage executed and filed long before its adoption. Cranor v. School District, 151 Mo. 125; Mc-Eaul v. Haley, 166 Mo. 56; Reed v. Swan, 133 Mo. 100; Chiles v. School District, 103 Mo. App. 240; Singer Mfg. Co. v. Shull, 74 Mo. App. 486; Petring v. Cur. Riv. Co., Ill Mo. App. 373; People v. O’Brien, 111 N. Y. 1; King-land v. Culp, 85 Mo. 548; Suth., Stat. Const., sec. 463; Dash v. VanKleeck, 7 Johns. 506. (2)…
1Opinion of the CourtBroaddus, P. J.
On September'6, 1901, E. L. Drummond, for tbe consideration of $830, executed a promissory note payable to the plaintiff, due September 6, 1904, and to secure its payment executed a mortgage on a certain number of cattle. The cattle were located in the State of Kansas and the nóte and mortgage were properly filed for record with the register of deeds for Trego county in that State.
Under the then laws of Kansas, in order to make the mortgage valid as against creditors of the mortgagor, subsequent purchasers and mortgagees in good faith, the mortgagee was required to deposit forthwith a true…
2Cases cited9 opinions
- Lynch v. ChaseSupreme Court of Kansas · 1895
- Nixon v. Cydon Lodge No. 5Supreme Court of Kansas · 1896
- State ex rel. Blakeman v. HaysSupreme Court of Missouri · 1873
- Reed v. SwanSupreme Court of Missouri · 1896
- Shaw v. StewartSupreme Court of Kansas · 1890
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