Holt v. Colyer
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — Hon. J. H. Lay, Judge. (1) The circuit court did not have jurisdiction of the subject-matter of this action. Act April 1, 1891, Sess. Acts 1891, p. 107; R. S. 1889, sec. 3318; Mason v. Hannah, 30 Mo. App. 190. (2) After forfeiture under conditions in chattel mortgage, the mortgagee is the owner of the title to the property mortgaged and11 entitled to possession. Barnett v. Timberlalte, 57 Mo. 501; White v. Quinlan, 30 Mo.
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Appeal from the Bates Circuit Court. — Hon. J. H. Lay, Judge. (1) The circuit court did not have jurisdiction of the subject-matter of this action. Act April 1, 1891, Sess. Acts 1891, p. 107; R. S. 1889, sec. 3318; Mason v. Hannah, 30 Mo. App. 190. (2) After forfeiture under conditions in chattel mortgage, the mortgagee is the owner of the title to the property mortgaged and11 entitled to possession. Barnett v. Timberlalte, 57 Mo. 501; White v. Quinlan, 30 Mo. App. 54; Turner v. Langdon, 85 Mo. 438. (3) The lien of a landlord upon the crop grown by his tenant is a statutory lien, and in its…
1Opinion of the CourtSmith, P. J.
This is an action of replevin to recover the possession of four hundred bushels of corn.
Statement The case briefly stated is something like this: The plaintiff rented to John Holt for the year 1894, a farm of one hundred and sixty acres for which the latter agreed to pay the former a rental of $250; ’ while the crop of corn was standing in the shock on the premises the said John Holt, the tenant, gave a chattel mortgage thereon to the Burnett Wheeler Mercantile Company to secure two promissory notes. .On January 8, 1895, and after the corn so grown on the premises had been gathered and…
2Cases cited4 opinions
- Buck v. LeeSupreme Court of Arkansas · 1880
- Lang v. CallowayMissouri Court of Appeals · 1897
- Roth & Co. v. WilliamsSupreme Court of Arkansas · 1885
- Sanders v. OhlhausenSupreme Court of Missouri · 1872
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- Jesse French Piano & Organ Co. v. WalkerMissouri Court of Appeals · 1898