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B-W ACCEPTANCE CORPORATION v. ALEXANDER

No. 57729.

494 S.W.2d 75 (1973)

B-W ACCEPTANCE CORPORATION, Plaintiff-Appellant, v. Sarah ALEXANDER, Defendant-Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied May 14, 1973.

Attorney(s) appearing for the Case

Dennis G. Muller, Muller & Muller, Kansas City, for plaintiff-appellant.

Baker, Brandom, Saeger & McElligott, William S. Brandom, Kansas City, for respondent.

BARDGETT, Judge.

The issue in this case is whether a plaintiff-mortgagee in a magistrate court replevin action who obtains prejudgment possession of certain chattels pursuant to §§ 533.240 to 533.450, RSMo 1969, V.A.M.S., (Replevin in Magistrate Court) by filing a statement, affidavit and proper bond has the right to sell the repossessed chattels prior to judgment under the provisions of the chattel mortgage.

This appeal was transferred from the...

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