Mead v. Maberry
Missouri Court of Appeals
Appeal from the Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The chattel mortgage of defendant is wholly void, as to plaintiff, although he had knowledge of its existence when he bought the mules, because the mortgage was not recorded for over five years after it was given, and four years after plaintiff bought the mules.
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Appeal from the Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The chattel mortgage of defendant is wholly void, as to plaintiff, although he had knowledge of its existence when he bought the mules, because the mortgage was not recorded for over five years after it was given, and four years after plaintiff bought the mules. R. S. 1889, sec. 5176; Bryson v. Penix, 18 Mo. 13; Bevans v. Bolton, 31 Mo. 437; White v. Graves, 68 Mo. 218; Wilson v. Milligan, 75 Mo. 41; Collins v. Wilhoit, 108 Mo. 451; SelMng v. Hebei, 1 Mo. App. 341; State exrel. v. Sitlington, 51 Mo. App.- 252; 31 Pac.…
1Opinion of the CourtEllison, J.
Plaintiff instituted an action of replevin to recover the possession of two mules and lost his case in 4he circuit court. The facts necessary to state to an understanding of our decision are these:
In 1887, one Clifford was the owner of the mules and in that year gave to defendant a chattel mortgage on them to secure the payment of a note for about $114. The mortgage was not recorded until about five years thereafter, and the possession was left with Clifford. Nearly a year after executing the chattel mortgage to defendant and four years before it was recorded, Clifford sold them to plaintiff,…
2Cases cited15 opinions
- Hughes v. MenefeeMissouri Court of Appeals · 1888
- Porter v. . ParmleyNew York Court of Appeals · 1873
- Collins v. WilhoitSupreme Court of Missouri · 1891
- Bevans v. BoltonSupreme Court of Missouri · 1862
- Bryson & Hardin v. PenixSupreme Court of Missouri · 1853
10 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- American Clay Machinery Co. v. Sedalia Brick & Tile Co.Missouri Court of Appeals · 1913
- Oyler v. RenfroMissouri Court of Appeals · 1900
- Duke, Lennon & Co. v. DukeMissouri Court of Appeals · 1902
- Chitwood v. Lanyon Zinc Co.Missouri Court of Appeals · 1902
- Feller v. McKillipMissouri Court of Appeals · 1903
2 more not listed; retrieve them via the Exa API.