Collins v. Wilhoit
Supreme Court of Missouri
Certified from Kansas City Court of Appeals. (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 v. Johnson, 86 Mo. 533. In the above case the debt was prior to the sale.
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Certified from Kansas City Court of Appeals. (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 v. Johnson, 86 Mo. 533. In the above case the debt was prior to the sale. (2) The term “creditors” in the first clause of section 2505 has been construed to mean “prior,” as well as “subsequent,” creditors. Bilby v. Bart-man, 29 Mo. App. 139 ;…
1Opinion of the CourtBlack, J.
The plaintiff commenced this action of replevin before a justice of the peace to recover four hogs. He prevailed in the justice’s court and again in the circuit court. The Kansas City court of appeals, to which the cause was appealed, reversed the judgment of the circuit court and remanded the cause, and then certified the same to this court for the reasons hereafter stated.
The facts are these: Joseph Kindred recovered a judgment against McComas in 1885 or 1886. In October, 1887, McComas purchased from Collins, the plaintiff in this case, twenty head of hogs, including the four now in…
2Cases cited13 opinions
- Claflin v. RosenbergSupreme Court of Missouri · 1868
- Wright v. McCormickSupreme Court of Missouri · 1878
- Bevans v. BoltonSupreme Court of Missouri · 1862
- Donahoe v. Wabash, St. Louis & Pacific Ry. Co.Supreme Court of Missouri · 1884
- Lesem v. Herriford & LowrySupreme Court of Missouri · 1869
8 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- McElvain v. HardestyCourt of Appeals for the Eighth Circuit · 1909
- Westheimer v. GoodkindMontana Supreme Court · 1900
- Harrison v. South Carthage Mining Co.Missouri Court of Appeals · 1902
- Oester v. SitlingtonSupreme Court of Missouri · 1893
- In re WadeDistrict Court, W.D. Missouri · 1911
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