Deere v. Marsden
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. — Hon. J. W. ■Emerson, Judge. (1) The court erred in refusing instruction asked for by plaintiffs, it contained the law governing the case. (2) The evidence does not disclose that the mortgage here in controversy, given by Jones, the defendant, to Marsden, the interpleader, was given for value, or for any consideration other than a past or antecedent debt. (3) The mortgage is nothing more than a collateral security.
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Appeal from Jefferson Circuit Court. — Hon. J. W. ■Emerson, Judge. (1) The court erred in refusing instruction asked for by plaintiffs, it contained the law governing the case. (2) The evidence does not disclose that the mortgage here in controversy, given by Jones, the defendant, to Marsden, the interpleader, was given for value, or for any consideration other than a past or antecedent debt. (3) The mortgage is nothing more than a collateral security. (4) In the case at bar there can be no distinction between an attaching creditor and a judgment creditor. (5) It is a well and long settled…
1Opinion of the CourtBlack, J.
The plaintiffs instituted this suit by attachment against Thomas J. Jones on a note for one hundred dollars. The officers levied upon two buggies and a wagon as the property of Jones. B. Marsden interpleaded for the property and had judgment therefor. Plaintiffs sold the property to Jones on the twenty-sixth of June, 1882, and it is admitted that the note sued upon was given for the balance of the purchase price of the property. It is also agreed “that on the twenty-fifth day of September, 1882, Thomas J. Jones was largely in-indebted to B. Marsden, the interpleader, by debts due directly…
2Cases cited2 opinions
- Oates v. National BankSupreme Court of the United States · 1879
- Logan v. SmithSupreme Court of Missouri · 1876
3Cited by15 opinions
- Crawford v. SpencerSupreme Court of Missouri · 1887
- Fitzgerald v. BarkerSupreme Court of Missouri · 1888
- Loewen v. ForseeSupreme Court of Missouri · 1897
- Conrad v. FisherMissouri Court of Appeals · 1889
- Napa Valley Wine Co. v. RinehartMissouri Court of Appeals · 1890
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