Cases Determined in the St. Louis and the Kansas City Courts of Appeals of the State of Missouri (Volume 99) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903. Excerpt: ... McFarlan Carriage Co. v. Wells. of any character made while the principal debt, or debts for the expense of maintaining the property, remain unpaid. Defendant's position, in effect, wholly ignores the third provision. We therefore hold that it was competent and legal for the mortgage to secure as a first claim, as plaintiffs' assignee of the original note, both for that note and moneys laid out for maintenance of the cattle; and at the same time to stand as security to plaintiff, subject to said first claim, for any claims of theirs against Mosely arising during the time these two items of indebtedness just mentioned remained unpaid. We have noted defendants' argument as to the novation of Mosely's second indebtedness and as to the declaration of law above set out being out of harmony with the second count of the petition. It seems to us that the law being as we have herein stated, it is of no vital importance in what way the indebtedness of Mosely to plaintiffs may have existed. We are satisfied that an indebtedness did exist which is covered by the terms of the mortgage and that the result below was manifestly for the right party and ought not to be disturbed. It is accordingly affirmed. All concur. McFARLAN CARRIAGE COMPANY, Respondent, v. CHARLES B. WELLS et aL, Appellant. Kansas City Court of Appeals, May 11, 1903. 1. Bankruptcy: REPLEVIN: JURISDICTION: TITLE. Under the Bankrupt Act of 1867 the title of a bankrupt in his property passed on the filing of the petition; but under that of 1898 it passes as of the date of the adjudication; and on the facts in this cause at the time of the commencement of this suit there was nothing in the bankrupt proceeding to prevent the State court, by its writ of replevin, from acquiring jurisdiction of the property s...