Lilly v. Russell & Co.
Supreme Court of Oklahoma
Error from the District Court of Payne County. The defendant in error, a corporation, brought its notion in the district court of Payne county to recover of the defendant a certain saw mill, with the carriage belonging thereto.
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Error from the District Court of Payne County. The defendant in error, a corporation, brought its notion in the district court of Payne county to recover of the defendant a certain saw mill, with the carriage belonging thereto. Upon trial before the jury a verdict was rendered for the plaintiff for the recovery of the property, or the value thereof, assessed at the sum of |240, and for damages in the sum of $10, upon which judgment was rendered for the plaintiff, and from which the defendant brings the case, on appeal, to this court.
1Opinion of the Court
The opinion of the court was delivered by
Bierer, J.:
Russell & Co., brought their action in the court below in replevin to recover a saw mill, with the carriage belonging thereto, from the defendant, L. B. Lilly.
Plaintiff, in its petition, claims its title by virtue of a certain chattle mortgage executed on December 15, 1891, by J. B. Tryon and W. B. Hazlett, which was alleged to have been given to secure the payment of three promissory notes in the sum of three hundred and eighteen and twenty one-hundredths dollars each, the second one of which notes plaintiff claims was past due and unpaid…
2Cases cited2 opinions
- Fairbairn v. DanaSupreme Court of Iowa · 1885
- Wilson v. WilleyCourt of Appeals of Kansas · 1895
3Cited by9 opinions
- Crosby v. StateSupreme Court of Florida · 1925
- Southard v. Oil Equipment CorporationSupreme Court of Oklahoma · 1956
- Moore v. Leigh-Head & Co.Supreme Court of Oklahoma · 1915
- Sims v. HedgesSupreme Court of Oklahoma · 1912
- Caldwell v. BaxterSupreme Court of Oklahoma · 1931
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