Morris v. McMahan
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. I). W. Shackleeobd, Judge. (1) An unrecorded chattel mortgage is void as to all but the parties thereto. R. S. 1889, sec. 5176; Rawlings v. Bean, 80 Mo. 614; Bryson v. Phenix, 18 Mo. 13; Bevans v. Bolton, 31 Mo. 437; State ex rel. v. Sitlington, 51 Mo. App. 252'; Hughes v. Menefee, 29 Mo.
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Appeal from the Cooper Circuit Court. — Hon. I). W. Shackleeobd, Judge. (1) An unrecorded chattel mortgage is void as to all but the parties thereto. R. S. 1889, sec. 5176; Rawlings v. Bean, 80 Mo. 614; Bryson v. Phenix, 18 Mo. 13; Bevans v. Bolton, 31 Mo. 437; State ex rel. v. Sitlington, 51 Mo. App. 252'; Hughes v. Menefee, 29 Mo. App. 192. (2) Evidence as to the statement made by defendant to plaintiff, with reference to the recording of plaintiff’s mortgage, was incompetent, for the reason that it tended to, prove a statement relating .to the future, and not to a matter of fact — a…
1Opinion of the Court
Smith, P. J. —
statement. This is-an action of replevin, commenced before a justice of the peace, to recover the possession of specific personal property. Plaintiff and defendant each claim under a mortgage executed to them respectively by W. H. McMahan, the father of defendant. The plaintiff’s -mortgage was executed prior to that of the defendant but was not placed on the record until after that of the latter. Both mortgages were given to secure bona fide indebtedness.
At the trial the plaintiff testified that at the time the plaintiff’s mortgage was executed he said to defendant: “Will, you…
2Cases cited4 opinions
- Bullock v. WooldridgeMissouri Court of Appeals · 1890
- Sandige v. HillMissouri Court of Appeals · 1897
- Paddock-Hawley Iron Co. v. McDonaldMissouri Court of Appeals · 1895
- Phillips v. BurrowsMissouri Court of Appeals · 1896
3Cited by4 opinions
- Thomas v. Modern Woodmen of AmericaMissouri Court of Appeals · 1922
- Pain v. KielCourt of Appeals for the Eighth Circuit · 1923
- State Ex Rel. Thomas v. TrimbleSupreme Court of Missouri · 1924
- Small v. SpeeceMissouri Court of Appeals · 1908