Balke v. Swift
Supreme Court of Missouri
Error to Jackson Circuit Court. The bill of sale, not being followed by possession or recorded, was absolutely void as to creditors and subsequent purchasers. (W. S., 281, § 10.) The certificate of the recorder says the acknowledgment was on the mortgage when it was filed for record, to wit: Aug. 23rd. The date, then, of the acknowledgment is clearly a clerical error.
1Opinion of the CourtSherwood, Judge
Action for the recovery of specific personal property ; petition in usual form.
The defendant, Swift, in his answer, set up a claim to the property in controversy, a billiard table, as the bailee thereof under one Gr. B. "Wood, whom he alleged was the owner, and denied that plaintiff was entitled to recover. The reply was a mere denial of the allegation of the answer. The cause was tried by the court, a jury having been waived, and resulted in a judgment for the plaintiff.
The evidence tended to show that Meredith B. Hedges bought the property of Julius Balke, paid a portion of the purchase…
2Cited by2 opinions
- Wood v. EnselSupreme Court of Missouri · 1876
- Gill v. Ely-Norris Safe Co.Missouri Court of Appeals · 1913