Kane v. Manley
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. W. M. Robinson, Judge. (1) Personal property is subject to execution on a judgment for the purchase price, except in the hands of an innocent purchaser for value, without notice of the claim for the purchase price. 1 R. S., sec. 4919; Rhodes v. Parker, 79 Mo. 88; State to use v. Mason, 96 Mo. 128; Boyd v. Ward, F., S. db C. Co., 38 Mo. App. 211; Woolfolk v. Kemper, 31 Mo. App. 423; Milling Co. v. Turner, 23 Mo.
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Appeal from the Jasper Circuit Court. — Hon. W. M. Robinson, Judge. (1) Personal property is subject to execution on a judgment for the purchase price, except in the hands of an innocent purchaser for value, without notice of the claim for the purchase price. 1 R. S., sec. 4919; Rhodes v. Parker, 79 Mo. 88; State to use v. Mason, 96 Mo. 128; Boyd v. Ward, F., S. db C. Co., 38 Mo. App. 211; Woolfolk v. Kemper, 31 Mo. App. 423; Milling Co. v. Turner, 23 Mo. App. 103; Straus v. Rothan, 102 Mo. 261; Corning v. Medicine Co., 46 Mo. App. 16; Taylor v. Smith, 47 Mo. App. 143; Finite d? Nasse v.…
1Opinion of the CourtEllison, J.
Plaintiff occupies the position of judgment creditor, for part of the purchase price of certain personal property purchased by defendant. Plaintiff had execution issued and levied on such personal property, when the claimant herein interposed and claimed the property.. His claim is based on a chattel mortgage on said property, past due. The mortgage was executed, delivered and recorded before the execution was issued, but the mortgagee knew that the purchase price of the property was unpaid. Plaintiff claims priority over the claimant by virtue of section 4914, Revised Statutes, 1889, which…
2Cases cited3 opinions
- Straus v. RothanSupreme Court of Missouri · 1890
- Corning & Co. v. Rinehart Medicine Co.Missouri Court of Appeals · 1891
- Finke v. PikeMissouri Court of Appeals · 1892
3Cited by2 opinions
- Skinner & Kennedy Stationery Co. v. Lammert Furniture Co.Missouri Court of Appeals · 1914
- R. Williams & Co. v. Farm & Home Savings & Loan Ass'nMissouri Court of Appeals · 1925