Pickett v. McCord
Missouri Court of Appeals
Appeal from the Audrain Circuit Cou/rt. — Hon. E. M. Hughes, Judge. Plaintiff’s mortgage was prior in point of time. It is a universal principle and well settled that a prior lien gives a prior claim which is entitled to prior satisfaction out of the subject it binds, unless the lien be intrinsically,defective or be displaced by some act of the party holding it.
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Appeal from the Audrain Circuit Cou/rt. — Hon. E. M. Hughes, Judge. Plaintiff’s mortgage was prior in point of time. It is a universal principle and well settled that a prior lien gives a prior claim which is entitled to prior satisfaction out of the subject it binds, unless the lien be intrinsically,defective or be displaced by some act of the party holding it. Even if the legislature should pass a law attempting to change this fundamental rule, ■it would be an encroachment upon the fundamental rights of property and should be promptly declared unconstitutional. Rankin v. Scott, 12 Wheat.…
1Opinion of the CourtBiggs, J.
On the twenty-ninth day of August,-1893, Edmonston, the appellant, sold to McCord, the-defendant, two horses. To secure the purchase money,McCord gave a chattel mortgage on the.horses, in-which it was stipulated that he should remain in possession of them until condition broken, and it. was also stipulated that he should not sell, or attempt to sell,the horse's, until the debt was paid. The mortgage was-duly recorded on the day following its execution. A'short time afterward McCord put the horses in the-livery stable of Q-. W. Pickett, the respondent. Default was made by McCord .in the…
2Cases cited6 opinions
- Dilworth v. McKelvySupreme Court of Missouri · 1860
- Smith v. StevensSupreme Court of Minnesota · 1886
- Hanch v. RipleyIndiana Supreme Court · 1890
- Wills v. BarristerSupreme Court of Vermont · 1863
- Miller v. MarstonSupreme Judicial Court of Maine · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Tandy v. Elmore-Cooper Live Stock Commission Co.Missouri Court of Appeals · 1905
- Lazarus v. MoranMissouri Court of Appeals · 1895
- Anthony v. CarpCourt of Appeals of Kansas · 1901
- Sanders v. BrooksMissouri Court of Appeals · 1946
- Zahner Manufacturing Co. v. HarnishMissouri Court of Appeals · 1930
2 more not listed; retrieve them via the Exa API.