France v. Thomas
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — J. B. Thomas* Esq., Special Judge. (1) ‘ The deed of trust gave a lien upon all the personal property in the hotel, and upon all thereafter purchased and placed therein, and the lien is valid as to such after-acquired property. Wright v. Bircher, 72 Mo. 179 ; Frank v. Playter, 73 Mo. 672 ; Rutherford v. Stewart, 79 Mo. 216. And this is true, even although the mortgagee has not taken possession of the property.
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Appeal from Buchanan Circuit Court. — J. B. Thomas* Esq., Special Judge. (1) ‘ The deed of trust gave a lien upon all the personal property in the hotel, and upon all thereafter purchased and placed therein, and the lien is valid as to such after-acquired property. Wright v. Bircher, 72 Mo. 179 ; Frank v. Playter, 73 Mo. 672 ; Rutherford v. Stewart, 79 Mo. 216. And this is true, even although the mortgagee has not taken possession of the property. Jones on Chattel Mortgages, sec. 170. (2) Nor is the mortgagee compelled to assert his lien in a court of equity. Basye v. Ambrose, 28 Mo. 44; 21…
1Opinion of the CourtHenry, C. J.
— This is a suit to recover specific personal property seized by the defendant, as sheriff of Buchanan county, under an execution against Samuel A. Richmond. Plaintiff claims the property under a •deed of trust executed by said Richmond and wife on the twenty-eighth day of September, 1881, to plaintiff, .as trustee, to secure a note for $30,000, executed by said Richmond and payable to Robt. W. Donnell, of the •city of New York, and conveying for that purpose a certain tract or parcel of land in the city of St. Joseph, on which there is, and, at the date of the seizure of said goods, was, a…
2Cases cited3 opinions
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Wright v. Bircher'sSupreme Court of Missouri · 1880
- Rutherford v. StewartSupreme Court of Missouri · 1883
3Cited by14 opinions
- Irwin's Bank v. Fletcher, Etc., Trust Co., Rec.Indiana Supreme Court · 1924
- Hughes v. MenefeeMissouri Court of Appeals · 1888
- Petring v. ChrislerSupreme Court of Missouri · 1886
- Hansen v. DuvallSupreme Court of Missouri · 1933
- Keating v. HannenkampSupreme Court of Missouri · 1889
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