Farmers' & Merchants' Nat. Bank v. Jones
Court of Appeals of Texas
Appeal from District Court, Tarrant County; R. E. L. Roy, Judge. ■ Suit by the Farmers’ & Merchants’ National Bank and .others against Frank Jones and another, in which E. E. Edwards and others intervened. From a judgment refusing to foreclose their respective chattel mortgages, the named plaintiff and the named inter-vener appeal.
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Appeal from District Court, Tarrant County; R. E. L. Roy, Judge. ■ Suit by the Farmers’ & Merchants’ National Bank and .others against Frank Jones and another, in which E. E. Edwards and others intervened. From a judgment refusing to foreclose their respective chattel mortgages, the named plaintiff and the named inter-vener appeal. On October 19, 1920, the Farmers’ & Merchants’ National Bank sued Frank Jones on certain promissory notes and to foreclose a chattel mortgage on certain cattle given to secure the notes. On application therefor the court, on October 19, 1920, appointed a receiver…
1Opinion of the CourtLevy, J.
(after stating the facts as above) [1] Both the Farmers’ & Merchants’ National Bank and E. E. Edwards predicate error upon the ruling of the court denying to them and refusing to foreclose their chattel mortgage liens. There is no question of priority of liens, or of subsequent purchasers or mortgagees of the cattle involved in this case. Under the facts and circumstances shown the chattel mortgages were not so legally ineffective of identification as- to be void, and the power of selection existed on the part of the mortgagees. Avery v. Potter et al., 92 Tex. 337, 48 S. W. 572, 49 S. W. 219,…
2Cases cited9 opinions
- Lauraine v. AsheTexas Supreme Court · 1917
- Lauraine v. AsheTexas Supreme Court · 1917
- S. S. White Dental Manufacturing Co. v. HertzbergTexas Supreme Court · 1899
- Lauraine v. MastersonCourt of Appeals of Texas · 1917
- Oxsheer v. WattTexas Supreme Court · 1897
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3Cited by8 opinions
- Gregory v. WardTexas Supreme Court · 1929
- Conrad v. JudsonCourt of Appeals of Texas · 1971
- Wilson v. Alliance Life Ins.Court of Appeals for the Fifth Circuit · 1939
- Federal Land Bank of Houston v. TarterCourt of Appeals of Texas · 1935
- Jones v. HuntCourt of Appeals of Texas · 1933
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