Taylor v. Hines
Missouri Court of Appeals
Error to Henry Circuit Court, Hon. J. B. G-antt, Judge. Statement of case by tbe court. Tbe following is believed to be a sufficient statement of tbe case.
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Error to Henry Circuit Court, Hon. J. B. G-antt, Judge. Statement of case by tbe court. Tbe following is believed to be a sufficient statement of tbe case. Tbis was an action by tbe plaintiffs, as second mortgagees, to recover from defendant a balance of tbe value of tbe mortgaged property, wbicb tbe defendant bad improvidently levied upon under an attachment wbicb be bad sued out against tbe mortgageor, and wbicb balance be bad consumed in tbe costs and expenses attending tbe attachment, and bad failed to restore to tbe mortgagees, after they bad prevailed in an interplea, wbicb they had…
1Opinion of the CourtEllison, J.
A reference to the statement in this case will discover that the plaintiffs were second mortgagees of a lot of personal property which defendant wrongfully attached; and that such attachment was determined to be wrongful on the separate interpleas of plaintiffs and the first mortgagees. That the proceeds of the property while under the attachment, and by reason of the attachment, was diminished to such an extent that plaintiffs are not able to make their debts. Under such state of case, I have no doubt of plaintiffs’ right to recover.
Plaintiffs, as second mortgagees, were entitled to the…
Also in this document: Concurrence.
2Cases cited5 opinions
- Gooding v. SheaMassachusetts Supreme Judicial Court · 1869
- Worthington v. HannaMichigan Supreme Court · 1871
- Searle v. SawyerMassachusetts Supreme Judicial Court · 1879
- Perrin v. ClaflinSupreme Court of Missouri · 1847
- Clark v. BrottSupreme Court of Missouri · 1880
3Cited by3 opinions
- McIntosh v. KnoxNevada Supreme Court · 1917
- State Rel. Stevenson v. American SuretyMissouri Court of Appeals · 1934
- Franke v. Eby, Davis & Co.Missouri Court of Appeals · 1892