74 Mo. 309 | Mo. | 1881
On the 30th day of November, 1877, the plaintiffs attached a certain stock of groceries as the property of the defendant Reading, and the appellant McCune interpleaded for the same, under the statute.
It appears from the record that on the 15th day of November, 1877, Reading executed to McCune a mortgage on said stock of groceries to secure the payment to said McOune of a note for $400. On the 16th day of November, 1877, this mortgage was acknowledged and filed for record, in Pike county, where the stock of groceries were situated, but was never recorded, as required by section 2503 of the Revised Statutes, in the county of Lewis, where the mortgageor resided. By the terms of the mortgage the mortgageor was to remain in possession and continue to sell in the usual course of business. The mortgage, therefore, would have been void, as a matter of law, as to creditors and purchasers, prior and subsequent, even if it had been properly recorded. Weber v. Armstrong, 70 Mo. 217, and cases there cited. . The testimony tended to show, however, that on the 16th day of November, 1877,
Motion for rehearing overruled.