Brown v. Hawkins
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. The right of a mortgagee to take possession of personal property, by virtue of a chattel mortgage, 'which provides that “in case of a sale or disposal, or attempt to sell or dispose of said property,” the mortgagee or Ms assigns, etc., may take the said property or any part thereof into his possession, arises when a constable takes possession of the property under an execution against the mortgagor, for the…
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Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. The right of a mortgagee to take possession of personal property, by virtue of a chattel mortgage, 'which provides that “in case of a sale or disposal, or attempt to sell or dispose of said property,” the mortgagee or Ms assigns, etc., may take the said property or any part thereof into his possession, arises when a constable takes possession of the property under an execution against the mortgagor, for the purpose of selling the property to satisfy such execution. Kennedy v. Dodson, 44 Mo. App. 550; Bank v. Metcalf, 29 Mo.…
1Opinion of the CourtSmith, P. J.
— Action of replevin to recover the possession of certain specific personal property. The facts which the evidence in the case tends to establish are, that one Bowman executed a mortgage to plaintiff on the property sued for to secure two promissory notes for $600. The mortgage contained this provision amongst others, viz: “The property hereby sold and conveyed to remain in mortgagor’s possession until default be made in payment of said debt and interest or some part thereof; but in ease of a sale or disposal, or attempt to sell or dispose of said property, or a removal of or attempt to…
2Cases cited6 opinions
- Hall v. . SampsonNew York Court of Appeals · 1866
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
- LaFayette County Bank v. Metcalf, Moore & Co.Missouri Court of Appeals · 1890
- State ex rel. McGrath v. CarrollMissouri Court of Appeals · 1887
- Barnett v. TimberlakeSupreme Court of Missouri · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Mansue-Tebbetts Implement Co. v. RitchieSupreme Court of Missouri · 1898
- Huiser v. BeckMissouri Court of Appeals · 1894
- Ottumwa National Bank v. TottenMissouri Court of Appeals · 1902
- Ray County Savings Bank v. CramerMissouri Court of Appeals · 1893
- Seaman v. PaddockMissouri Court of Appeals · 1893
1 more not listed; retrieve them via the Exa API.