Feurt v. Rowell
Supreme Court of Missouri
Error to Daviess Cirouit Court. Bv reason of plaintiff’s diligence and interpleader’s negligence, the former obtained priority of lien, and was entitled to be first satisfied out of the property attached. (Bruce vs. Yogel, 38 Mo., 100 ; Sto. Ecp, §421.) I: The deed was recorded in tbe county in wliich the mortgagor resided, and the removal of the property from the county to another did not destroy the lien of the mortgage. (Wagn.
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Error to Daviess Cirouit Court. Bv reason of plaintiff’s diligence and interpleader’s negligence, the former obtained priority of lien, and was entitled to be first satisfied out of the property attached. (Bruce vs. Yogel, 38 Mo., 100 ; Sto. Ecp, §421.) I: The deed was recorded in tbe county in wliich the mortgagor resided, and the removal of the property from the county to another did not destroy the lien of the mortgage. (Wagn. Stat., 281, §8; Bevans vs. Bolton, 31 Mo., 439.) Nor would the removal out of the State of the mortgaged chattels invalidate the mortgage. (Smith vs. Hutchings, 30…
1Opinion of the CourtWagner, Judge
The record discloses these facts. The plaintiff sued one Sweaney by attachment before a justice of the peace, and caused certain mules to be seized by virtue oí the writ. Defendant Rowell filed an interplea claiming the mules. On the trial of the interplea before the justice, Rowell was defeated and appealed to the Circuit Court. On the trial there it was shown, that on the 17th day of December, 1871, Sweaney executed a chattel mortgage conveying the mules in controversy to Rowell to secure anote due in ninety days, which note was, as the mortgage recited, given as collateral security to…
2Cases cited2 opinions
- Smith v. HutchingsSupreme Court of Missouri · 1860
- Carter v. MillsSupreme Court of Missouri · 1860
3Cited by16 opinions
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- Shapard v. HynesCourt of Appeals for the Eighth Circuit · 1900
- LaFayette County Bank v. Metcalf, Moore & Co.Missouri Court of Appeals · 1890
- National Bank of Commerce v. MorrisSupreme Court of Missouri · 1893
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