Yeldell v. Stemmons
Supreme Court of Missouri
APPEAL from Boone Circuit Court. 1.Mortgaged personal property, in possession of tho mortgagor, even after the mortgage has become absolute, may be sold under execution againtst the mortgagor; and in a contest between him and the execution purchaser, he is estopped from setting up the mortgage to defeat the execution sale: Stone vs. Laughlin, 5 Mo. Rep, 43; Meeker vs, Wilson, 1 Gall. Rep. 424, 425; Klein vs. Graham, 3 Caines’ Rep. 188; Stone vs. Scott, 18 John.
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APPEAL from Boone Circuit Court. 1.Mortgaged personal property, in possession of tho mortgagor, even after the mortgage has become absolute, may be sold under execution againtst the mortgagor; and in a contest between him and the execution purchaser, he is estopped from setting up the mortgage to defeat the execution sale: Stone vs. Laughlin, 5 Mo. Rep, 43; Meeker vs, Wilson, 1 Gall. Rep. 424, 425; Klein vs. Graham, 3 Caines’ Rep. 188; Stone vs. Scott, 18 John. Rep. 96; Jackson vs. Parker, 9 Cowen Rep. 80; McGregor vs. Barling & Hall, 3 Stew. & Port. 897, This lastrase is referred to in…
1Opinion of the CourtScott, J.
This was an action of replevin, begun by the appellants against the appellee for three slaves and a ferry boat, purchased by the appellants at a sale under an execution against the appellee. The interest of the appellee in the slaves and boat was purchased by the appellants, who were not the plaintiffs in execution under which the sale took place, for the sum of two dollars. The appellee was mortgagor in possession of the property in controversy at the time of sale, and his equity of redemption was foreclosed during the pendency of this suit. The appellants having failed in their action,…
2Cited by10 opinions
- Young v. SchofieldSupreme Court of Missouri · 1896
- Foster v. PotterSupreme Court of Missouri · 1866
- State ex rel. McGrath v. CarrollMissouri Court of Appeals · 1887
- Douglas v. OrrSupreme Court of Missouri · 1875
- Fahy v. GordonSupreme Court of Missouri · 1896
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