Wheeler Savings Bank v. Tracey
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. James H. Slover, Judge. (1) The action of the marshal in seizing the property and removing it was a breach of the conditions ■ of the mortgage, and the mortgagee became thereby entitled to possession. Huiser v. Beck, 55 Mo. App. 668. (2) A pre-existing debt is a sufficient consideration to support a mortgage. Brocking v. Straat, 17 Mo. App. 296; Davis v. Carson, 69 Mo. 609; Way v. Braley, 44 Mo. App. 457; Huiser v. Beck, 55 Mo.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. James H. Slover, Judge. (1) The action of the marshal in seizing the property and removing it was a breach of the conditions ■ of the mortgage, and the mortgagee became thereby entitled to possession. Huiser v. Beck, 55 Mo. App. 668. (2) A pre-existing debt is a sufficient consideration to support a mortgage. Brocking v. Straat, 17 Mo. App. 296; Davis v. Carson, 69 Mo. 609; Way v. Braley, 44 Mo. App. 457; Huiser v. Beck, 55 Mo. App. 668. (3) If the demand results from several and distinct transactions, an action may be maintained on each transaction.…
1Opinion of the CourtG-antt, P. J.
— This is an action for damages for the alleged wrongful levy of a writ of attachment upon certain personal property situated in the factory of the *256Davis Manufacturing Company in Brookfield, Missouri, upon which plaintiff bank claimed to have a chattel mortgage, duly recorded. The defendants Carpenter and Flournoy were the plaintiffs in the attachment suit in the United States circuit court for the western division of the western district of Missouri, in which the defendant Tracey, as marshal, levied upon said personal property, described in said mortgage and in the petition in this case, as…
2Cases cited16 opinions
- Baird v. United StatesSupreme Court of the United States · 1878
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Union Railroad & Transportation Co. v. TraubeSupreme Court of Missouri · 1875
- Moran v. PlankintonSupreme Court of Missouri · 1876
- O'Neal v. BrownSupreme Court of Alabama · 1852
11 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
- Donnell v. WrightSupreme Court of Missouri · 1899
- Semple v. SempleSupreme Court of Florida · 1925
- Singer v. Steven Kokes, Inc.Court of Special Appeals of Maryland · 1978
18 more not listed; retrieve them via the Exa API.