Gummersell v. Hanbloom
Missouri Court of Appeals
Appeal from the Pettis Circuit Court, Hon. John P. Strother, Judge. Statement of case by the court. On June 18,1881, plaintiff instituted a suit by attachment against defendant, and a certain stock of goods was seized under the attachment. Ón September 13, 1881, in this attachment suit, Sampson filed his interplea, claiming as Ms the property attached, by virtue of a chattel mortgage executed on said property, on June 13, 1881, by defendant, Hanbloom.
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Appeal from the Pettis Circuit Court, Hon. John P. Strother, Judge. Statement of case by the court. On June 18,1881, plaintiff instituted a suit by attachment against defendant, and a certain stock of goods was seized under the attachment. Ón September 13, 1881, in this attachment suit, Sampson filed his interplea, claiming as Ms the property attached, by virtue of a chattel mortgage executed on said property, on June 13, 1881, by defendant, Hanbloom. On September 14, 1881, Shaw filed his interplea in this suit, claiming the attached property by virtue of a deed of assignment made to him by…
1Opinion of the CourtHall, J.
There was sufficient evidence upon which to found the declaration of law given by the court for *278Shaw. Thus the first question for our consideration is r Does that declaration of law, abstractly considered, contain a correct statement of the law ?
I
Section 354, of the Revised Statutes, provides that,. “ Every voluntary assignment of lands, tenements, goods, chattels, effects and credits made by a debtor to any person in trust for his creditors, shall be for the benefit-of all the creditors of the assignor, in proportion to their respective claims; and every such assignment shall be-proved or…
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