Kilpatrick v. Haley
Court of Appeals for the Eighth Circuit
In Error to tbe Circuit Court of the United States for the District of Colorado. This was an action which ivas brought by Ora Haley, the defendant in error, against James G. Kilpatrick, the plaintiff in error, for forcibly entering the St. Cloud Hotel, in the. city of Denver, which belonged at the time to Haley, and for unlawfully removing therefrom, and converting to his own use, a large quantity of hotel furniture which was at the time in Haley’s possession.
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In Error to tbe Circuit Court of the United States for the District of Colorado. This was an action which ivas brought by Ora Haley, the defendant in error, against James G. Kilpatrick, the plaintiff in error, for forcibly entering the St. Cloud Hotel, in the. city of Denver, which belonged at the time to Haley, and for unlawfully removing therefrom, and converting to his own use, a large quantity of hotel furniture which was at the time in Haley’s possession. The facts out of which the controversy arises are as follows: The hotel in question and the furniture therein originally belonged to…
1Opinion of the CourtThayer, Circuit Judge
The first question presented for consideration is whether the sale of the first chattel mortgage on the hotel furniture by Reed to Haley, after the latter had purchased the hotel furniture subject to the mortgages thereon, operated to extinguish the *135first incumbrance. The plaintiff in error requested the court to instruct the jury “that the purchase of the Reed mortgage by Farrar, as Haley’s agent, and with Haley’s money, under the terms of the contract with Mrs. Dickson, extinguished or paid the first or Reed mortgage, and Mr. Kilpatrick’s mortgage thereupon became a first lien upon the…
2Cases cited17 opinions
- Burr v. . BeersNew York Court of Appeals · 1861
- Bunch v. GraveIndiana Supreme Court · 1887
- Drury v. HoldenIllinois Supreme Court · 1887
- Comstock v. HittIllinois Supreme Court · 1865
- Stone v. CooperNew York Supreme Court · 1845
12 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- Irving Nat. Bank v. LawCourt of Appeals for the Second Circuit · 1926
- Will v. HughesSupreme Court of Kansas · 1951
- Haley v. KilpatrickCourt of Appeals for the Eighth Circuit · 1900
- Sheffield & B. Coal, Iron & Railway Co. v. NewmanCourt of Appeals for the Fifth Circuit · 1896
3 more not listed; retrieve them via the Exa API.