Evans-Snyder-Buell Co. v. Turner
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M.’ Hughes, Judge. (1) The mortgage is not good because the description of the property in the mortgage is insufficient to pass title. It is not sufficient, standing alone, to make a good or binding mortgage, where the possession is not surrendered to the mortgagee, as in this case. France v. Thomas, 86 Mo. 80. Nor could the plaintiff proceed against the property at law, as in this. case.
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Appeal from Audrain Circuit Court. — Hon. E. M.’ Hughes, Judge. (1) The mortgage is not good because the description of the property in the mortgage is insufficient to pass title. It is not sufficient, standing alone, to make a good or binding mortgage, where the possession is not surrendered to the mortgagee, as in this case. France v. Thomas, 86 Mo. 80. Nor could the plaintiff proceed against the property at law, as in this. case. France v. Thomas, 86 Mo. 80; Jennings v. Spark-man, 39 Mo. App. 663; Estes v. Springer, 47 Mo. App. 99; Stonebraker v. Ford, 81 Mo. 532; Chandler v. West, 37 Mo.…
1Opinion of the Court
Bukg-ess. J.
This is an action under the statute for the claim and delivery of one hundred and sixty head of native Missouri steers, to which plaintiff alleged that said company was entitled to possession, and that they were wrongfully detained by defendant at Audrain county, Missouri.
*642The ease was tried to the court, a jury being waived. There was judgment in favor of plaintiffs for about one hundred and fifty-eight head of cattle, arid one cent damages. In due time defendant filed his motion for a new trial, which was overruled, and he appealed.
In 1894, S. Gr. Elliott and R. McNama were…
2Cases cited9 opinions
- Stonebraker v. FordSupreme Court of Missouri · 1884
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
- Hughes v. MenefeeMissouri Court of Appeals · 1888
- Chandler v. WestMissouri Court of Appeals · 1889
- Peet v. SpencerSupreme Court of Missouri · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. HodgesSupreme Court of Missouri · 1898
- Dierling v. PettitMissouri Court of Appeals · 1909
- Consolidated School District No. 4 v. Citizens Savings BankMissouri Court of Appeals · 1929
- Strop v. HughesMissouri Court of Appeals · 1907
- Swinney v. Merchant's BankMissouri Court of Appeals · 1902
4 more not listed; retrieve them via the Exa API.