Legal Opinion

Mills v. Williams

Missouri Court of Appeals

Decided June 13, 1888PublishedCited by 4 opinions

Appeal from Audrain Circuit Court, Hon. E. M. Hughes, Judge. Statement of case by the court. This is a proceeding in equity to have a certain instrument of writing declared a deed of assignment for the benefit of creditors, and to enjoin the trustee from executing the same as a chattel mortgage, and for other relief.

Read the full summary

Appeal from Audrain Circuit Court, Hon. E. M. Hughes, Judge. Statement of case by the court. This is a proceeding in equity to have a certain instrument of writing declared a deed of assignment for the benefit of creditors, and to enjoin the trustee from executing the same as a chattel mortgage, and for other relief. The facts are as follows: On the twenty-eighth day of July, 1886, Martha E. Botts, a feme sole, was engaged in a general mercantile business at Mexico, Missouri. Becoming insolvent, on that day she executed the following instrument of writing, duly acknowledged and recorded: “…

1Opinion of the CourtPhilips, P. J.

I. The ' chief question presented for our determination is, what is the legal character of the written instrument % Is it a bill of sale, a chattel mortgage, or a deed of assignment ?

It is not a bill of sale, because no actual consideration was paid, or agreed to be paid, for the property conveyed ; nor were the debts thereby extinguished, so as to irrevocably pass the title, without any condition or trust attached thereto, or any reversionary interest in the seller.

It is either a chattel mortgage, or a deed of assignment. It is made by a debtor to creditors, the consideration being the…

2Cases cited7 opinions

  1. Hoffman, Burneston & Co. v. MackallOhio Supreme Court · 1855
  2. Crow v. BeardsleySupreme Court of Missouri · 1878
  3. Kohn Bros. v. Clement, Morton & Co.Supreme Court of Iowa · 1882
  4. Mussey v. NoyesSupreme Court of Vermont · 1854
  5. Gage v. ChesebroWisconsin Supreme Court · 1880

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. In re Salmon & SalmonDistrict Court, W.D. Missouri · 1906
  2. J. H. Conrades Chair Co. v. WolfMissouri Court of Appeals · 1890
  3. King v. GreavesMissouri Court of Appeals · 1892
  4. Kemper, Hundley & McDonald Dry Goods Co. v. George A. Kennard Grocer Co.Missouri Court of Appeals · 1897

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API