Mayer v. Keith
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. Jno. A. Hockaday, Judge. '(1) Defendant’s mortgage was inadmissible, first, "because the locus of the property does not appear from the mortgage itself. There is nothing in the mortgage to show that the corn is ip the-state of Missouri, much less on what farm, or for what year raised, or even that It was in Boone county, Missouri. Bozeman v. Fields, 44 Mo.
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Appeal from the Boone Circuit Court. — Hon. Jno. A. Hockaday, Judge. '(1) Defendant’s mortgage was inadmissible, first, "because the locus of the property does not appear from the mortgage itself. There is nothing in the mortgage to show that the corn is ip the-state of Missouri, much less on what farm, or for what year raised, or even that It was in Boone county, Missouri. Bozeman v. Fields, 44 Mo. App. 432, and authorities cited in respondent’s brief; second, because of its uncertainty, for how ■could forty acres of corn stand and grow on onehun■dred and twenty acres of land as described in…
1Opinion of the CourtGill, J.
This is a contest between two mortgagees as to who was entitled, on November 10, 1892, to the possession of a lot of corn grown on the farm of Mrs. Eliza J. MeCallister, in Boone county, Missouri. Plaintiff Mayer asserts a right by reason of a chattel mortgage made to him in September, 1892, by Grover E. MeCallister to secure his individual debt of $624, and defendant Keith claims under a mortgage made to him in October, 1892, jointly by said Eliza J. and Grover E. MeCallister to secure a joint debt of about, $800, then owing by said Eliza J. and Grover E.. MeCallister to said Keith. The…
2Cases cited3 opinions
- Campbell v. AllenMissouri Court of Appeals · 1889
- Estes v. SpringerMissouri Court of Appeals · 1891
- New Hampshire Cattle Co. v. BilbyMissouri Court of Appeals · 1889
3Cited by2 opinions
- In Re SchindlerDistrict Court, E.D. Missouri · 1963
- Mackey v. JenkinsMissouri Court of Appeals · 1895