Legal Opinion

Lellman v. Mills

Wyoming Supreme Court

Decided December 18, 1906PublishedCited by 17 opinions

Error to the District Court, Uinta Count}', Hon. Charles E. Carpenter, Judge. Stephen A. Mills, as trustee in bankruptcy of the estate of Fred Lellman, a bankrupt, brought the action against the bankrupt and another to cancel a chattel mortgage executed to the latter by the former upon property alleged to be property of a partnership composed of said bankrupt and one James Hackman. From a judgment in favor of the plaintiff the defendants prosecuted error.

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Error to the District Court, Uinta Count}', Hon. Charles E. Carpenter, Judge. Stephen A. Mills, as trustee in bankruptcy of the estate of Fred Lellman, a bankrupt, brought the action against the bankrupt and another to cancel a chattel mortgage executed to the latter by the former upon property alleged to be property of a partnership composed of said bankrupt and one James Hackman. From a judgment in favor of the plaintiff the defendants prosecuted error. The facts are stated in the opinion. The petition was insufficient, and the demurrer should have been sustained for the reason: (1) That…

1Opinion of the Court

Potter, Chief Justice.

This is an action brought b)^ Stephen A. Mills as trustee in bankruptcy of the estate of Fred Lellman, a bankrupt, against the said Fred Lellman and one Mary M. Guild (his daughter) to set aside a chattel mortgage given to the latter by Lellman December 14, 1901, covering the. furniture and other personal property located in the Daly Hotel in the town of Diamondville, Wyoming. The petition alleged the appointment and qualification of the plaintiff as trustee of the estate of said Lellman, a bankrupt; *157that the mortgaged property belonged to a partnership composed of said…

2Cases cited14 opinions

  1. Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
  2. Dowie v. DriscollIllinois Supreme Court · 1903
  3. Herman v. SanteeCalifornia Supreme Court · 1894
  4. Fisher v. ZumwaltCalifornia Supreme Court · 1900
  5. Howard v. CarterSupreme Court of Kansas · 1905

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3Cited by17 opinions

  1. Boswell v. First National Bank of LaramieWyoming Supreme Court · 1907
  2. Mile High Industries v. CohenCourt of Appeals for the Tenth Circuit · 2000
  3. Hein v. LeeWyoming Supreme Court · 1976
  4. Boyle v. MountfordWyoming Supreme Court · 1928
  5. Ferguson v. FergusonWyoming Supreme Court · 1987

12 more not listed; retrieve them via the Exa API.

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