State ex rel. Kratzer v. Busch
Missouri Court of Appeals
Appeal from the 81. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. The power of exchange and substitution conferred on the mortgagor by the mortgagee rendered the mortgage fraudulent as to creditors and void in law.
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Appeal from the 81. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. The power of exchange and substitution conferred on the mortgagor by the mortgagee rendered the mortgage fraudulent as to creditors and void in law. Goddard v. Jones, 78 Mo. 518; Bullene v. Barrett, 87 Mo. 185. It having appeared affirmatively, from plaintiff’s own testimony, that it was the intention of the parties that the mortgagor should remain in possession, and dispose of the property covered by the mortgage, conditioned only upon his obligation to replace such as he might dispose of by other property of equal…
1Opinion of the CourtThompson, J.
This was an action on an indemnifying bond, given under the sheriff and marshal’s act, to indemnify the sheriff for levying an execution against Karl Kratzer upon nineteen cows belonging to a dairy which was, at that time, being conducted by, and in the name of, the defendant in execution. The plaintiff, who is the wife of Karl Kratzer, claims the cows by virtue of a chattel mortgage, made by him to her, to secure an antecedent indebtedness, growing out of money claimed to have been advanced by her to him, which money was her separate estate. There was a trial before a jury, and a verdict and…
2Cases cited3 opinions
- Bullene v. BarrettSupreme Court of Missouri · 1885
- Thompson v. FoerstelMissouri Court of Appeals · 1881
- Goddard v. JonesSupreme Court of Missouri · 1883
3Cited by6 opinions
- In Re Kansas City Journal-Post Co.Court of Appeals for the Eighth Circuit · 1944
- Bostian v. SchapiroCourt of Appeals for the Eighth Circuit · 1944
- Jennings v. SparkmanMissouri Court of Appeals · 1892
- Hasbrouck v. RichMissouri Court of Appeals · 1905
- Mathes v. StaedMissouri Court of Appeals · 1896
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