Davy v. State Ex Rel.

To secure the payment of his promissory note, A. Whittier executed to the Oklahoma State Bank of Walters, Okla., a chattel mortgage covering his “Star drilling rig complete with all tools.” The assets of the bank, including this note and mortgage, were taken over by O. B. Mothersead, State Bank Commissioner, defendant in error . here. The mortgaged properly was transferred to Pottawatomie county, where a copy of the mortgage was duly filed as provided by law.

The property was then turned over to J. A. Davy and W. P. Detert, plaintiffs in error here. The State Bank Commissioner filed suit on…