Coen v. Watkins
Missouri Court of Appeals
Appeal from the DeKalb Circuit Court. — Hon. W. S. Herndon, Judge. (1) The Coen mortgage, although recorded, constituted no notice to defendant, or to those under whom he claims. The property could not have been selected by a stranger from among Carmichael’s stock from information contained in the mortgage, and defendant’s instruction number 4 should have been given. 3 Am. and Eng. Encyclopedia of Law, 180; Stonebraker et al. v. Forcl, 81 Mo. 532; Hughes v. Menifee, 29 Mo.
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Appeal from the DeKalb Circuit Court. — Hon. W. S. Herndon, Judge. (1) The Coen mortgage, although recorded, constituted no notice to defendant, or to those under whom he claims. The property could not have been selected by a stranger from among Carmichael’s stock from information contained in the mortgage, and defendant’s instruction number 4 should have been given. 3 Am. and Eng. Encyclopedia of Law, 180; Stonebraker et al. v. Forcl, 81 Mo. 532; Hughes v. Menifee, 29 Mo. App. 193; Bank v. Metcalf, 29 Mo. App. 384. (2) The property was in the custody of the law and was not subject to…
1Opinion of the CourtEllison, J.
This action is replevin of a mule wherein plaintiff recovered. It appears that the owner, executed to plaintiff a chattel mortgage on the mule and that afterward he executed another chattel mortgage on the same mule, to secure a promissory note held by G-oodwin & Jay, who transferred it to defendant. Defendant afterward replevied the mule in an action begun in the circuit court, the- sheriff executing the writ by delivering the mule to him as commanded by the writ. The owner making' default, an interlocutory judgment had been entered for this defendant (plaintiff in that case). A few days…
2Cases cited14 opinions
- Ilsley v. StubbsMassachusetts Supreme Judicial Court · 1809
- McKinney v. PurcellSupreme Court of Kansas · 1882
- Hunt v. RobinsonCalifornia Supreme Court · 1858
- White v. DolliverMassachusetts Supreme Judicial Court · 1873
- Bates County National Bank v. OwenSupreme Court of Missouri · 1883
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3Cited by4 opinions
- Mohr v. LanganSupreme Court of Missouri · 1901
- Coleman v. ReynoldsSupreme Court of Missouri · 1907
- Northwestern State Bank v. SiebermanCourt of Appeals for the Eighth Circuit · 1907
- Mohr v. LanganMissouri Court of Appeals · 1898