Bryson & Hardin v. Penix
Supreme Court of Missouri
Appeal from PiJee Circuit Court. This was an action commenced by Bryson and Hardin against Penix and the administrator o£ James M. Parks, to recover the amount of four notes executed by Parks, in his life-time, and secured by a mortgage on certain beef cattle. The administrators of Henry Early were subsequently made parties defendants.
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Appeal from PiJee Circuit Court. This was an action commenced by Bryson and Hardin against Penix and the administrator o£ James M. Parks, to recover the amount of four notes executed by Parks, in his life-time, and secured by a mortgage on certain beef cattle. The administrators of Henry Early were subsequently made parties defendants. The cause was submitted to the court upon the following agreed statement of facts : 11 On the 24th of September, 1849, James M. Parks executed, acknowledged and delivered a mortgage on the cattle to secure his indebtedness to the plaintiffs. Parks remained in…
1Opinion of the CourtScott, Judge
1. The eighth section of our act, concerning fraudulent conveyances, is a transcript of a similar provision in the Massachusetts code. Code of 1836, p. 473, sec. 5. Under that statute it has been held, that when personal property is mortgaged without a delivery thereof to the mortgagee, and the mortgage is not recorded, a party who buys the property of the mortgagor and takes possession of it, though he has knowledge of the mortgage, will hold the property against the mortgagee. Travis v. Bishop, 13 Met.
So, in the case of Cook v. Clifford, 12 Mo. 379, under the fifth section of our act…
2Cases cited1 opinion
- Cook v. ClippardSupreme Court of Missouri · 1849
3Cited by25 opinions
- First Nat. Bank of Buchanan County v. ConnettCourt of Appeals for the Eighth Circuit · 1905
- Hughes v. MenefeeMissouri Court of Appeals · 1888
- Bevans v. BoltonSupreme Court of Missouri · 1862
- State v. StoweSupreme Court of Missouri · 1896
- Wilson v. MilliganSupreme Court of Missouri · 1881
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