Stockham v. Leach and Fruits
Missouri Court of Appeals
Appeal from Carter County Circuit Court. — Hon. E. P. Doris, Judge. (1) Since 1844 down to yesterday it has been the law of this State that after condition broken the mortgagee in a chattle mortgage becomes the absolute owner of and is entitled to the possession of the property mortgaged. Robinson v. Campbell, 8 Mo. 365; Citator to date. (2) The item allowed by the jury to the defendants was not a matter within the jurisdiction of the trial court in this replevin suit.
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Appeal from Carter County Circuit Court. — Hon. E. P. Doris, Judge. (1) Since 1844 down to yesterday it has been the law of this State that after condition broken the mortgagee in a chattle mortgage becomes the absolute owner of and is entitled to the possession of the property mortgaged. Robinson v. Campbell, 8 Mo. 365; Citator to date. (2) The item allowed by the jury to the defendants was not a matter within the jurisdiction of the trial court in this replevin suit. Ely v. Sutton, 177 Mo. App. 556; Donohoe v. MeAleer, 37 Mo. 312. (1) Where plaintiff claims damages for detention in…
1Opinion of the CourtCox, P. J.
Replevin for possession of a saw mill and damages for misuse. Counterclaim for damages filed as an offset by defendants. Verdict for plaintiff for possession of the saw mill with no damages assessed and a verdict for defendants on their counterclaim for $589.97. Judgment in plaintiffs’ favor for possession of the saw mill and a money judgment in defendants’ favor against plaintiff for $589.97. Defendants have not appealed from the judgment in plaintiffs’ favor for possession of the property. Plaintiffs have appealed from the money judgment against them.
The controversy in this case grew out of…
2Cases cited10 opinions
- Reppy v. ReppySupreme Court of Missouri · 1870
- Jones v. JonesMissouri Court of Appeals · 1915
- Iler v. Rieger & Co.Missouri Court of Appeals · 1897
- Willison v. SmithMissouri Court of Appeals · 1895
- Todd v. CrutsingerMissouri Court of Appeals · 1888
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