Christy v. Scott
Missouri Court of Appeals
Error to Bates Circuit Court, Hon. Charles Wl Sloan, Judge. Statement of case by the court. This is an action of replevin, and grows out of one following state of facts : On the third day of March, 1883, W. A. Harris and. James P. Harris executed to T. D. Rafter their chattel mortgage on the property in .question to secure to said Rafter the payment of their promissory note to Rafter for the sum of $424.75. The property seems to have belonged to Wm. A. Harris.
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Error to Bates Circuit Court, Hon. Charles Wl Sloan, Judge. Statement of case by the court. This is an action of replevin, and grows out of one following state of facts : On the third day of March, 1883, W. A. Harris and. James P. Harris executed to T. D. Rafter their chattel mortgage on the property in .question to secure to said Rafter the payment of their promissory note to Rafter for the sum of $424.75. The property seems to have belonged to Wm. A. Harris. There were payments made on said note, leaving a balance due and unpaid of about one hundred and seventy-two dollars. The conditions…
1Opinion of the CourtPhilips, P. J.
There seems to have been no question made at the trial as to the integrity and fairness of the transactions between Harris, Rafter, and plaintiff. The evidence showed th|.t one hundred and seventy-two dollars was the reasonable value of the property at the time. By that purchase plaintiff acquired all the right, title, and interest of Harris in the property. That was the equity of redemption of Harris as against Rafter, the mortgagee. And by the payment to Rafter of the amount of his debt, and taking an assignment thereof, with the mortgage, plaintiff acquired and became entitled to all the…
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