Bozeman v. Fields
Missouri Court of Appeals
Appeal from the Stoddard Circuit Court. — Hon. John Gr. Weak, Judge. The mortgage should have been admitted in evidence and should have gone to the jury to be considered by them. Thompson on Trials, sec. 1453. It is universally held to be the true doctrine that the identity of property described in a mortgage is a question of fact for the jury, and parol testimony is admissible in aid of the instrument.
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Appeal from the Stoddard Circuit Court. — Hon. John Gr. Weak, Judge. The mortgage should have been admitted in evidence and should have gone to the jury to be considered by them. Thompson on Trials, sec. 1453. It is universally held to be the true doctrine that the identity of property described in a mortgage is a question of fact for the jury, and parol testimony is admissible in aid of the instrument. Jones on Chattel Mortgages, secs. 54, 54 a ¡ State v. Babb, 76 Mo. 504, The mortgage does not state that the gray mares were in the state of Indiana at the time of its execution, much less…
1Opinion of the CourtBiggs, J.
Counsel discuss several questions in their respective briefs, but, under the conclusion arrived at by us, we need only pass on the sufficiency of the description of the property in suit in a mortgage of it.
This is an action in replevin to recover from the defendants the possession of two iron gray mares, aged respectively three and four years. The plaintiffs claim title to the animals under a mortgage executed by one Austin A. Graham. On the trial the circuit court, on the defendants’ objection, excluded the mortgage as evidence. Thereupon the plaintiffs submitted to a voluntary nonsuit with…
2Cases cited7 opinions
- Stonebraker v. FordSupreme Court of Missouri · 1884
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
- Chandler v. WestMissouri Court of Appeals · 1889
- Rhutasel v. StephensSupreme Court of Iowa · 1886
- Jennings v. SparkmanMissouri Court of Appeals · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Estes v. SpringerMissouri Court of Appeals · 1891
- Dierling v. PettitMissouri Court of Appeals · 1909
- Tobin v. KampeCourt of Appeals for the Eighth Circuit · 1942
- Bruce v. KaysMissouri Court of Appeals · 1928
- Cummins v. KingMissouri Court of Appeals · 1924
5 more not listed; retrieve them via the Exa API.