Wade v. Cornish
Supreme Court of Oklahoma
Error from District Coürí, Cleveland Countyj C. E. Irwin, Judge. Action by D. S. Wade against W. R. Cornish and others. Judgment for defendants, and plaintiff brings error.
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Error from District Coürí, Cleveland Countyj C. E. Irwin, Judge. Action by D. S. Wade against W. R. Cornish and others. Judgment for defendants, and plaintiff brings error. Oral consent of mortgagee sufficient for valid sale of chattels by mortgagor: 1 Cyc. 49; Anderson v. Brewing Co., 113 111, 213; Frick Co. v. Milling Co., 51 Kan. 310; Pratt v. Maynard, 116 Mass. 388; Little John v. Pearson, 23 Neb. 192; Penney v. Investment Co. (Minn.) 56 N. W. 165; Burroughs v. Butter-Ryan Co. (Iowa) 96 N. W. 150. Mortgagee ratifies sale by accepting proceeds: Ayers v. Mc-Conahey (Neb.) 91 N. W. 494;…
1Opinion of the CourtDunn, J.
This action was begun in the district court of Cleveland county, on March 14, 1904, by plaintiff in error, against W. R. Cornish, M. Turner, and E. W. McMahan, to recover judgment on two promissory notes and foreclose two chattel mortgages executed by the defendant Cornish, to plaintiff, to secure the same. The defendants Turner and McMahan claimed an interest in the property mortgaged, and were made parties by virtue of this fact. The property covered by both chattel mortgages was the same, and among it was a team of mules. Among other conditions contained in the mortgages was one providing…
2Cases cited4 opinions
- Johnston v. Milwaukee & Wyoming Investment Co.Nebraska Supreme Court · 1896
- Kuhl v. Supreme Lodge Select Knights & LadiesSupreme Court of Oklahoma · 1907
- Field v. DoyonWisconsin Supreme Court · 1885
- Ayres v. McConaheyNebraska Supreme Court · 1902
3Cited by14 opinions
- Armstrong, Byrd & Co. v. CrumpSupreme Court of Oklahoma · 1910
- McMaster v. City Nat. Bank of LawtonSupreme Court of Oklahoma · 1909
- Tulsa St. Ry. Co. v. JacobsonSupreme Court of Oklahoma · 1913
- Ft. Dearborn Trust & Sav. Bank v. Skelly Oil Co.Supreme Court of Oklahoma · 1930
- Glockner v. JacobsSupreme Court of Oklahoma · 1914
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