Randol v. Buchanan
Missouri Court of Appeals
Appeal from the Stoddard Circuit Court.—Hon. H. H. Bedford, Special Judge. When the mortgagee gives verbal permission to the mortgagor to sell the property described in his mortgage, he thereby releases his lien. Coffman v. Walton, 50 Mo. App. 404; Gage v. Whittier, 17 N. H. 312; Pratt v. Maynard, 116 Mass. 388; 2 Cobby on Chattel Mortgages, secs. 637, 686; Jones on Chattel Mortgages, sec. 456; Carter v. Fately, 67 Ind. 427.
1Opinion of the CourtBiggs, J.
—The plaintiff sued the defendant in replevin for the possession of a yoke of oxen. The case originated before a justice of the peace, where the defendant had judgment. The plaintiff appealed to the circuit court, where, on a trial de novo before the court, a jury having been waived, the finding and judgment were in his favor. The defendant in turn has appealed to this court, and complains that the statement is fatally defective; that the plaintiff’s instructions are erroneous, and inconsistent with those given by the court at the instance of the defendant; that the instructions asked by the…
2Cases cited2 opinions
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- State ex rel. McGrath v. CarrollMissouri Court of Appeals · 1887
3Cited by7 opinions
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- Dewitt v. SyfonMissouri Court of Appeals · 1919
- Reese v. KappSupreme Court of Kansas · 1910
- Stenson v. LancasterMissouri Court of Appeals · 1914
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