Estes v. Springer
Missouri Court of Appeals
3. - : ALL PROPERTY OP LIKE KIND : EVIDENCE. If it should appear that the property enumerated was not all of like kind owned by the mortgagor, it would avoid the mortgage (as the description does not distinguish the mortgaged and unmortgaged), but that is a matter to be made to appear by evidence. Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge.
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3. - : ALL PROPERTY OP LIKE KIND : EVIDENCE. If it should appear that the property enumerated was not all of like kind owned by the mortgagor, it would avoid the mortgage (as the description does not distinguish the mortgaged and unmortgaged), but that is a matter to be made to appear by evidence. Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) The description of the property is so insufficient, vague and indefinite that its record did not impart constructive notice as to what particular property was attempted to be conveyed, and the mortgage was, therefore, void as to…
1Opinion of the CourtEllison, J.
Defendant Springer is a sheriff who levied a writ of attachment sued out by the other defendants as creditors of the mortgagor in a chattel mortgage given to plaintiffs as mortgagees. Plaintiffs bring this action against defendants for the conversion of the property. The case is made to turn here on the validity of the description of the property as set out in the mortgage, viz.: “Know all men by these presents that the' undersigned, T. J. Estes, of Barton county, Missouri, in consideration * * * do sell the following described personal property, to-wit: One roan horse, nine years old; one…
2Cases cited11 opinions
- Stonebraker v. FordSupreme Court of Missouri · 1884
- Hughes v. MenefeeMissouri Court of Appeals · 1888
- Kelly v. ReidMississippi Supreme Court · 1879
- Barrett v. FischSupreme Court of Iowa · 1889
- Wheeler v. BeckerSupreme Court of Iowa · 1886
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3Cited by13 opinions
- City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
- Ranney v. MeisenheimerMissouri Court of Appeals · 1895
- Sikes v. ChaneyMissouri Court of Appeals · 1927
- Fisher v. Mikco Grain Co.Missouri Court of Appeals · 1966
- Young v. Bank of PrincetonMissouri Court of Appeals · 1903
8 more not listed; retrieve them via the Exa API.