Moser v. Claes
Missouri Court of Appeals
Appeal from tlie St. Louis Circuit Court, Shepard Barclay, Judge. The mortgageor was to remain in possession and conduct the business which rendered the mortgage void. Sheppards v. Turpin, 3 Gratt. 373 ; White v. Graves, 68 Mo. 220 ; Goddard v. Jones, 78 Mo. 518 ; Stanley v. Bunce, 27 Mo. 269 ; Billingsley v. Bunce, 28 Mo. 547 ; The State v. Mueller, •10 Mo.
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Appeal from tlie St. Louis Circuit Court, Shepard Barclay, Judge. The mortgageor was to remain in possession and conduct the business which rendered the mortgage void. Sheppards v. Turpin, 3 Gratt. 373 ; White v. Graves, 68 Mo. 220 ; Goddard v. Jones, 78 Mo. 518 ; Stanley v. Bunce, 27 Mo. 269 ; Billingsley v. Bunce, 28 Mo. 547 ; The State v. Mueller, •10 Mo. App. 87. The agreement and understanding between the bank and Leisse at the time of the execution of the mortgage, as testified to by Mr. Lange, made it a conveyance to the use of the grantor. Weber v. Armstrong, 70 Mo. 217 ; Reed v.…
1Opinion of the CourtBombauer, J.
The plaintiff, Moser, filed his petition stating that he had a fund of four thousand dollars in his hands as assignee of one Leisse. That the entire amount of such fund was claimed by the International Bank as proceeds of property mortgaged to it by his assignor, and that $2027.32 and Interest parcel of said fund was claimed by Claes et ail., by virtue of a judgment and execution against Leisse, and the attachment by garnishment of him, the said Moser, under said execution. The petition prayed for an order requiring such rival claimants to interplead.
The court sustained the prayer, whereupon…
2Cases cited9 opinions
- Steele v. . BenhamNew York Court of Appeals · 1881
- Greeley v. ReadingSupreme Court of Missouri · 1881
- Nash v. NormentMissouri Court of Appeals · 1878
- Stanley v. BunceSupreme Court of Missouri · 1858
- Lodge v. SamuelsSupreme Court of Missouri · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Nicholson v. GoldenMissouri Court of Appeals · 1887
- Ottumwa National Bank v. TottenMissouri Court of Appeals · 1905
- Springfield Engine & Thresher Co. v. GlazierMissouri Court of Appeals · 1893
- Drew v. DrumMissouri Court of Appeals · 1891
- Russell v. RutherfordMissouri Court of Appeals · 1894
2 more not listed; retrieve them via the Exa API.