Payne v. King
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Hon. iB. G. Thurman, Judge. (1) A deed or chattel mortgage does not convey title unless the name of the grantor appears in the body of the instrument. McFadden v. Rogers, 70 Mo. 421; Houx v. Batteen, 68 Mo. 84; Golden v. Tyer, 180 Mo. 196; Martindale on Conveyancing, p. 62. (2) In replevin the value of the property at the time of the trial is to be determined. In this case there was no such evidence. Oil Co. v. Drug Co., 84 Mb.
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Appeal from Vernon Circuit Court. — Hon. iB. G. Thurman, Judge. (1) A deed or chattel mortgage does not convey title unless the name of the grantor appears in the body of the instrument. McFadden v. Rogers, 70 Mo. 421; Houx v. Batteen, 68 Mo. 84; Golden v. Tyer, 180 Mo. 196; Martindale on Conveyancing, p. 62. (2) In replevin the value of the property at the time of the trial is to be determined. In this case there was no such evidence. Oil Co. v. Drug Co., 84 Mb. App. 76; Chapman v. Kerr, 80 Mo. 158; Kirk encía 11, Jones & Co. v. Hartsock, 58 Mo. App. 240; White v. Storms, 21 Mo. App. 289.…
1Opinion of the CourtJohnson, J.
Plaintiff sued in replevin to recover a piano which he alleges in the petition is of the value of $200. He claims a special interest- in the property under a chattel mortgage executed by Mr. and Mrs. J. B. Rudert to secure the payment of a promissory note on which a remainder of $210- is due, and asks judgment for a return of the property and for damages in the sum of $25. He did not give a replevin bond and the possession of the property remained in defendant who claims to be its owner under a bill of sale executed by Mrs. Rudert. In obedience to a peremptory instruction, the jury returned a…
2Cases cited8 opinions
- Chapman v. KerrSupreme Court of Missouri · 1883
- Houx v. BatteenSupreme Court of Missouri · 1878
- Golden v. TyerSupreme Court of Missouri · 1904
- Dillard v. McClureMissouri Court of Appeals · 1896
- White v. StormsMissouri Court of Appeals · 1886
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3Cited by3 opinions
- Germo Manufacturing Co. v. CombsSupreme Court of Missouri · 1921
- National Cash Register Co. v. SlaterMissouri Court of Appeals · 1911
- Union Stockyards Bank of Wichita v. HamiltonCourt of Appeals for the Sixth Circuit · 1917