80 Mo. App. 438 | Mo. Ct. App. | 1899
It is not disputed that plaintiff had the prior mortgage, but its validity is attacked on account of indefiniteness and insufficiency of description, which was as follows: “25 head of heifers, one-year-old, about one-half of them having white faces, other half of said number of heifers being graded shorthorns; 25 head of white faced weanling heifers; 50 headv of graded shorthorn heifers, weanlings; 25 head of white faced weanling bulls; 25 head of shorthorn weanling bulls; 25 head of white face yearling bulls; 25 head of shorthorn yearling bulls; all of said stock now being on the Jos. J. Owens farm in Blue township, Jackson county, Missouri, north of Independence; said farm fronting east on North Liberty street extended.”
One of the grounds of the objection goes to the claim that there were other cattle of the same description on the Owens farm. Another was that the description in defendant’s mortgage described the cattle on the farm with accuracy, while that
Those for plaintiff were to the same general effect, except that they permitted a recovery by plaintiff of any part of said cattle which could have been identified; instructions- 2 and 4 being as follows: 2. “And the court instructs you that if from the mortgage itself, together with such reasonable inquiries as the mortgage itself suggests, said cattle or any part
We regard these as proper since, though a portion of the property was not sufficiently described for identification, it would not make the mortgage invalid as to that portion which was sufficiently described.
We find nothing in the record to justify an interference with-the judgment and order its affirmance.