Collins v. Wilhoit
Missouri Court of Appeals
Appeal from the Clinton Circuit Court. — Hon. J. M. Sandusky, Judge. (1) The condition in the sale that the hogs were to remain the property of the vendor, Collins, until paid for by the vendee, McComas, was void, it not being in writing, executed, acknowledged or recorded as provided in cases of mortgages of personal property. R. S. 1879, sec. 2505 ( second clause); Cooler ®. Johnson, 86 Mo. 533. In the above case the debt was prior to the sale.
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Appeal from the Clinton Circuit Court. — Hon. J. M. Sandusky, Judge. (1) The condition in the sale that the hogs were to remain the property of the vendor, Collins, until paid for by the vendee, McComas, was void, it not being in writing, executed, acknowledged or recorded as provided in cases of mortgages of personal property. R. S. 1879, sec. 2505 ( second clause); Cooler ®. Johnson, 86 Mo. 533. In the above case the debt was prior to the sale. See respondent’s brief therein. (2) The term “ creditors” in the first clause of section 2505 has been construed to mean “prior,” as well as…
1Opinion of the CourtEllison, J.
This action is replevin. Defendant, Wilhoit, is the constable who levied on the property. McComas is made a party defendant for the alleged reason that he was in possession of the property as agent of the constable. McComas was the judgment debtor of one Kindred. After becoming such debtor, plaintiff sold and delivered to him several head of hogs, on condition that they remain his, plaintiff’s, property till paid for. Kindred, without knowledge of such condition, had an execution levied on the hogs as the property of his debtor, McComas, and plaintiff brings this action claiming the hogs as…
2Cases cited7 opinions
- Rigg v. WiltonIllinois Supreme Court · 1851
- Kimball v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Knoop ex rel. Miller v. Nelson Distilling Co.Missouri Court of Appeals · 1887
- Defiance Machine Works v. TrislerMissouri Court of Appeals · 1886
- Tufts v. ThompsonMissouri Court of Appeals · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lewis v. StateCourt of Criminal Appeals of Texas · 1910
- Dooley v. JacksonMissouri Court of Appeals · 1904
- Harrison v. South Carthage Mining Co.Missouri Court of Appeals · 1902
- Patton v. Phoenix Brick Co.Missouri Court of Appeals · 1912
- Mead v. MaberryMissouri Court of Appeals · 1895
2 more not listed; retrieve them via the Exa API.