Clarkson v. Mullin
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. C. H. Montgomery, Special Judge. (1) The note being due the plaintiff was the legal owner of the property mortgaged to secure it and was entitled to its possession at the time it was taken by said plaintiff. Jones on Chattel Mortgages [3 Ed.], chap. 16, p. 635, sec. 705; Moore v. Ryan, 31 Mo.
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Appeal from the Jasper Circuit Court. — Hon. C. H. Montgomery, Special Judge. (1) The note being due the plaintiff was the legal owner of the property mortgaged to secure it and was entitled to its possession at the time it was taken by said plaintiff. Jones on Chattel Mortgages [3 Ed.], chap. 16, p. 635, sec. 705; Moore v. Ryan, 31 Mo. App. 474. (2) The mortgage contains a power of sale and a condition that the mortgagee, its successors or assigns, agent or attorney might become the purchaser of the mortgaged property at any public sale under the mortgage; therefore the plaintiff’s purchase…
1Opinion of the CourtSmith, P. J.
This was a suit on a promissory note. The defense interposed by the answer of the defendant was that the note sued on was secured by a mortgage, covering certain chattels and that the plaintiff sold the mortgaged chattels and purchased the same at his own sale; that said chattels were, at the time of the sale, of the value of $700, an amount in ex*624cess of the mortgage debt; that plaintiff converted the mortgage chattels to his own nse, whereby said note was paid.
From the undisputed evidence introduced at the trial, it was proved that the plaintiff had become the owner of the note by purchase,…
2Cases cited2 opinions
- Elliott v. . WoodNew York Court of Appeals · 1871
- Moore v. ThompsonMissouri Court of Appeals · 1890
3Cited by2 opinions
- Kingman & Co. v. HillMissouri Court of Appeals · 1897
- Jewell Pure Water Co. v. Kansas City Towel & Laundry Co.Missouri Court of Appeals · 1898