Jordan v. Pence

• Decision Date: 05 March 1907
• Citation: 100 S.W. 529,123 Mo. App. 321
• Parties: JORDAN v. PENCE.
• Court: Missouri Court of Appeals

100 S.W. 529

123 Mo. App. 321

JORDAN v. PENCE.

St. Louis Court of Appeals. Missouri.

March 5, 1907.

Rehearing Denied March 19, 1907.

1. CHATTEL MORTGAGE—ASSIGNMENTS — CONSIDERATION.

A mortgagee of chattels who gives up a lien on a part of the chattels in consideration of an assignment to him of a mortgage on growing crops, executed by a third person to the mortgagor, gives a consideration for the assignment, and acquires title to the latter mortgage.

2. EVIDENCE — PRESUMPTION OF LAWS OF SISTER STATE.

In the absence of evidence of the statutes of a sister state, it will be presumed that the common law prevails there.

3. CHATTEL MORTGAGES — RECORDING — EFFECT.

A third person is not affected by constructive notice of a chattel mortgage, though recorded, where there is no statute making the recording constructive notice.

4. SAME—ATTACHMENT—PRIORITIES.

An attachment lien is inferior to a prior chattel mortgage lien, though the attaching creditor has no notice, actual or constructive, of the mortgage.

Appeal from Louisiana Court of Common Pleas; David H. Eby, Judge.

Action by W. A. Jordan against Charles Pence, in which R. O. Morris interpleaded. From a judgment for the interpleader, plaintiff appeals. Affirmed.

Ball & Sparrow, for appellant.

BLAND, P. J.

Ed. A. Glenn, as agent of the owners, in 1904 rented 75 acres of a large tract of farming land in Pike county, Ill., to Charles Pence; Pence agreeing to sow the whole of the land in wheat and pay one-half of the yield as rent. To secure loans made to him by Glenn, Pence gave the latter a chattel mortgage on his undivided one-half interest in the growing crop, and later (April 1, 1905) gave a second mortgage to his son, W. C. Pence, to secure the payment of $318, due four months after date, with 7 per cent. interest from date, which was the price of three horses, one cow, and one disk harrow sold by W. C. to Charles Pence. At threshing time Glenn contracted to sell the rent wheat to the Shaw-Garner Company, a corporation, at Louisiana, Mo., for 85 cents per bushel, the wheat to be delivered at the corporation's elevators at Louisiana, Mo., or at another elevator the corporation owned across the river from Louisiana, at Pike Station, in the state of Illinois. The Shaw-Garner Company agreed at the same time to take all of Glenn's tenant's wheat at the same price. Glenn communicated this fact to Charles Pence, who, with the consent of his son, agreed that his wheat should go in on the contract and be delivered at the elevator at Pike Station, Ill., and gave Glenn a written order to collect the proceeds. The wheat was delivered at Pike Station by Charles Pence, and Glenn collected what was due on his chattel mortgage, leaving a balance of $334.03 in the hands of the Shaw-Garner Company. Plaintiff commenced a suit by attachment, before a justice of the peace in Pike county, against Charles Pence. The Shaw-Garner Company was garnished, and, in answer to interrogatories filed, stated that the company had in its hands $334.03, a balance on wheat sold and delivered to it by Ed. A. Glenn, which wheat it was informed and believed was grown on land in Pike county, Ill., rented by Glenn to Charles Pence. R. O. Morris interpleaded for the fund, claiming it as assignee of the mortgage given by Charles Pence to his son, W. C. Pence. In due course the cause made by the interplea was appealed to the Louisiana court of common pleas, where, on a trial de novo to the court sitting as a jury, the issues were found for the interpleader.

1. The only declaration of law asked was by plaintiff, to the effect that under the evidence the finding and judgment should be for the plaintiff. Therefore the sole question presented for determination on the appeal is whether or not there is any substantial evidence in support of the...