Legal Opinion

Burge ex rel. Babcock v. Hunter

Missouri Court of Appeals

Decided April 7, 1902PublishedCited by 1 opinion

Appeal from Daviess Circuit Court, — Hon. J. W. Alexander, Judge. (1) Plaintiff being the grantee in a chattel, mortgage,' ■after condition broken, with a right to possession, can maintain this action. State to use v. MeKellop, 40 Mo. 184; •State to use v. Koch, 47 Mo. 582. (2) Plaintiff was absolute owner of the property described in the chattel mortgage, after condition broken, subject only to the right to redeem in equity and could have maintained replevin for it.

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Appeal from Daviess Circuit Court, — Hon. J. W. Alexander, Judge. (1) Plaintiff being the grantee in a chattel, mortgage,' ■after condition broken, with a right to possession, can maintain this action. State to use v. MeKellop, 40 Mo. 184; •State to use v. Koch, 47 Mo. 582. (2) Plaintiff was absolute owner of the property described in the chattel mortgage, after condition broken, subject only to the right to redeem in equity and could have maintained replevin for it. Bank v. Abernathy, 32 Mo. App. 211; Jackson v. Cunningham, 28 Mo. App. 355; White v. Quinlan, 30 Mo, App. 54. (3), Plaintiff…

1Opinion of the CourtSmith, P. J.

One Stewart executed to the relator a promissory note, and a mortgage to secure the same, covering a horse. After the said note was past due the defendant obtained judgment before a justice of the peace against said Stewart and caused an execution to be issued thereon and levied on the horse. The relator made claim of ownership under oath and thereupon defendant Hunter entered into' a bond, with the other defendant as surety, to indemnify the constable, who later on sold the horse at public sale. This action was brought on the said bond and resulted in judgment for defendant, and relator…

2Cases cited10 opinions

  1. Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
  2. Boyce's Administrator v. Smith's AdministratorSupreme Court of Missouri · 1852
  3. Hickman v. DillMissouri Court of Appeals · 1888
  4. State ex rel. McGrath v. CarrollMissouri Court of Appeals · 1887
  5. Stevenson v. RobinsonMichigan Supreme Court · 1878

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3Cited by1 opinion

  1. Whittler v. SharpUtah Supreme Court · 1913

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