Wyeth Hardware Co. v. Carthage Hardware Co.
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. Joseph D, Perkins, Judge. (1) The court erred in admitting any evidence in behalf of interpleader.
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Appeal from the Jasper Circuit Court. — Hon. Joseph D, Perkins, Judge. (1) The court erred in admitting any evidence in behalf of interpleader. Interpleader having undertaken to set out his title to the property, should have set out a perfect title, which he failed to do, as he does not show a delivery of the chattel mortgage or that the mortgagors were indebted to him in any sum at the time of making the mortgage or at the time of filing of interplea, both of which are necessary to sustain the mortgage or that condition was broken or any right to possession. Shinn on Attachment, secs. 432,…
1Opinion of the Court
Smith, P. J. -
STArEMENT. This is an action of attachment in which the writ was levied on a certain stock of hardware. Charlesworth filed an interplea therein alleging that he was entitled to the possession of the attached property under the provisions of a certain mortgage deed whereby E. C. Thompson and John Charlesworth, partners under the name of the “Carthage Hardware Company,” the defendants in the attachment, conveyed “all of said property for the purpose of securing a certain debt in said mortgage fully described.” The plaintiffs, by their answer to the inter-plea, in effect admitted…
2Cases cited15 opinions
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
- Gray v. ParkerSupreme Court of Missouri · 1866
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- Chandler v. WestMissouri Court of Appeals · 1889
- State ex rel. McGrath v. CarrollMissouri Court of Appeals · 1887
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3Cited by6 opinions
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- Vermillion v. ParsonsMissouri Court of Appeals · 1903
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