First National Bank v. Ragsdale
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) (a) Tbe assignee of a note secured by a chattel mortgage can maintain in bis own name an action of replevin for tbe recovery of tbe mortgaged property. Tbe indorse1ment of the note (if valid) carried tbe mortgage (if it was a legal instrument) with it. Tbe debt and security are inseparable. Tbe assignee of a note secured by a chattel mortgage may in this state maintain replevin in bis own name.
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Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) (a) Tbe assignee of a note secured by a chattel mortgage can maintain in bis own name an action of replevin for tbe recovery of tbe mortgaged property. Tbe indorse1ment of the note (if valid) carried tbe mortgage (if it was a legal instrument) with it. Tbe debt and security are inseparable. Tbe assignee of a note secured by a chattel mortgage may in this state maintain replevin in bis own name. Kingsland & Eerguson Mfg. Co. v. Grissman, 28 Mo. App. 308; Christie v. Scott, 31 Mo. App. 331; Willison v. Smith, 52 Mo. App. 133.…
1Opinion of the CourtValliant, J.
This is an action in replevin for 120 head of cattle. The title asserted by plaintiff is founded on a chattel mortgage executed by Crockett B. Ragsdale, brother to defendant Clarence C. Ragsdale, out of whose possession the cattle were taken by the sheriff under the writ. Upon the trial, when the plaintiff offered the mortgage in evidence, it was on objection of defendant excluded by the court, judgment for defendant necessarily followed that ruling, an’d the *675plaintiff appeals. The only question for our consideration is as to the correctness of that ruling.
There was testimony tending to show…
2Cases cited3 opinions
- Tyler v. HallSupreme Court of Missouri · 1891
- Kingsland & Ferguson Manufacturing Co. v. ChrismanMissouri Court of Appeals · 1887
- Willison v. SmithMissouri Court of Appeals · 1892
3Cited by16 opinions
- Barnett v. WedgewoodNew Mexico Supreme Court · 1922
- First National Bank v. RagsdaleMissouri Court of Appeals · 1902
- Muldowney v. McCoy Hotel Co.Wisconsin Supreme Court · 1936
- United Bank & Trust Co. v. PowersCalifornia Court of Appeal · 1928
- Trower Bros. v. HamiltonSupreme Court of Missouri · 1904
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