McMillan v. Grayston
Missouri Court of Appeals
Appeal from tbe Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) Under tbe terms of tbe chattel mortgage, tbe mortgagee was entitled to tbe possession of tbe property in case any part of tbe debt secured was not paid when due. It was •admitted that a part of tbe notes described in tbe mortgage, was due, and tbe interest on all of them, before any effort was made to sell tbe real estate. This fact alone entitled tbe mortgagee to tbe possession of tbe property.
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Appeal from tbe Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) Under tbe terms of tbe chattel mortgage, tbe mortgagee was entitled to tbe possession of tbe property in case any part of tbe debt secured was not paid when due. It was •admitted that a part of tbe notes described in tbe mortgage, was due, and tbe interest on all of them, before any effort was made to sell tbe real estate. This fact alone entitled tbe mortgagee to tbe possession of tbe property. And nothing short of tbe payment of tbe entire debt and tbe acceptance thereof as such would affect bis right to such possession.…
1Opinion of the CourtSmith, P. J.
This is an action of replevin to recover a certain set of abstracts known as the “Martin Abstracts” and one iron safe and file case, etc. There was a trial before the court without the intervention of a jury. The court made a special finding of facts, the part thereof which relates to the questions we shall presently consider being as follows:
That on September 13, 1897, this suit in replevin was commenced to recover the possession of certain personal property described in two certain mortgages hereinafter referred to; that on November 12, 1894, the defendants executed to plaintiff five…
2Cases cited20 opinions
- Field v. HollandSupreme Court of the United States · 1810
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