Legal Opinion

Smith v. Nelson Land & Cattle Co.

Court of Appeals for the Eighth Circuit

Decided March 3, 1914No. Nos. 4028, 4029PublishedCited by 15 opinions

Appeal from the District Court of the United States for the District of Kansas; John C. Pollock, Judge. Suit by the Nelson Land & Cattle Company against George H. Smith. From a judgment in favor of complainant, declaring all the notes sued on but one void in the hands of Smith for want of power in complainant to execute them, and granting judgment in favor of Smith on the one note, complainant appeals, and Smith prosecutes a cross-appeal.

1Opinion of the Court

CARLAND, Circuit Judge.

These are appeals from a judgment rendered in an action brought by the Cattle Company against George H. Smith et al., for the purpose of having certain promissory notes, a mortgage securing the same, and assignments of certain land contracts and certificates executed for the same purpose canceled. Smith filed a cross-bill, asking to have the amount for which he held the notes, *58mortgage, contracts, and certificates as security ascertained, and a sale of the security to satisfy the same. The trial court granted the relief prayed by Smith as to one note of $1,600, and…

2Cases cited14 opinions

  1. Railroad Co. v. National BankSupreme Court of the United States · 1880
  2. Cromwell v. County of SacSupreme Court of the United States · 1878
  3. Oates v. National BankSupreme Court of the United States · 1879
  4. Chicago Railway Equipment Co. v. Merchants' BankSupreme Court of the United States · 1890
  5. Gunnison County Commissioners v. RollinsSupreme Court of the United States · 1899

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3Cited by15 opinions

  1. Nickell v. BradshawOregon Supreme Court · 1919
  2. McCornick & Co. v. Gem State Oil & Products Co.Idaho Supreme Court · 1923
  3. Capital City State Bank v. SwiftDistrict Court, E.D. Oklahoma · 1923
  4. Cafritz Const. Co. v. MudrickDistrict Court, District of Columbia · 1932
  5. Plattsmouth State Bank v. ReddingNebraska Supreme Court · 1935

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