Hubbell v. Allen
Supreme Court of Missouri
Appeal from, Barry Circuit Court. — Hon. W. P. Geiger, Judge. (1) The chattel mortgage on which respondents sought to recover the property in controversy, is fraudulent and void upon its face, for it expressly provides that the mortgageor shall remain in possession and sell. Lodge v. Samuels, 50 Mo. 204; White v. Graves, 68 Mo. 218, 223; Robinson v. Elliott, 22 Wall. 513 ; Pierce ■on Mortgages of Merchandise, sec. 68, and authorities •cited.
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Appeal from, Barry Circuit Court. — Hon. W. P. Geiger, Judge. (1) The chattel mortgage on which respondents sought to recover the property in controversy, is fraudulent and void upon its face, for it expressly provides that the mortgageor shall remain in possession and sell. Lodge v. Samuels, 50 Mo. 204; White v. Graves, 68 Mo. 218, 223; Robinson v. Elliott, 22 Wall. 513 ; Pierce ■on Mortgages of Merchandise, sec. 68, and authorities •cited. (2) If the mortgage was not void upon its face, yet, when taken in connection with the relations of the parties (the one a wholesale dealer and the other…
1Opinion of the Court
Black, J. —
This was an action of replevin. The . record discloses the following facts: John T. Horner owned two small drug stores, one at Cassville, and the .other at Exeter, villages some four miles apart. He made two mortgages on the Cassville stock, fixtures and furniture, one to secure a debt due to the plaintiffs, Hubbell & Company, and the other to secure a debt to the defendant, Amos Horner. The mortgage to AmosHorner was acknowledged and recorded on the sixteenth, and that to the plaintiffs on the twentieth of January, 1882. About the same time he made two mortgages on the Exeter…
2Cases cited4 opinions
- Metzner v. GrahamSupreme Court of Missouri · 1874
- Weber v. ArmstrongSupreme Court of Missouri · 1879
- Lodge v. SamuelsSupreme Court of Missouri · 1872
- White v. GravesSupreme Court of Missouri · 1878
3Cited by8 opinions
- Barton v. SitlingtonSupreme Court of Missouri · 1895
- Rock Island National Bank v. PowersSupreme Court of Missouri · 1896
- Will T. Little Co. v. Burnham, Hanna, Munger & Co.Supreme Court of Oklahoma · 1897
- Dunham v. StevensSupreme Court of Missouri · 1901
- Farmers State Bank of Cameron v. GarrisonMissouri Court of Appeals · 1961
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