Campbell, Hunt Adams v. Richardson and Eicholz
Supreme Court of Oklahoma
Error from the Probate Court of Kingfisher County; before John J. Haymaker, Probate Judge. STATEMENT OE FACTS. This action was commenced in the probate court of Kingfisher county by defendant in error, S. P. Richardson, against defendant in error, D. B. Eicholz, on July 9, 1896, for the sum of $390.10, balance due on a promissory note given by said Eicholz to said Richardson for the sum of $1,565.10, dated June 20, 1896; the entire consideration of said note being…
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Error from the Probate Court of Kingfisher County; before John J. Haymaker, Probate Judge. STATEMENT OE FACTS. This action was commenced in the probate court of Kingfisher county by defendant in error, S. P. Richardson, against defendant in error, D. B. Eicholz, on July 9, 1896, for the sum of $390.10, balance due on a promissory note given by said Eicholz to said Richardson for the sum of $1,565.10, dated June 20, 1896; the entire consideration of said note being advancements of cash made by said Richardson to said Eicholz between the latter part of September, 1895, and said June 20,1896. As…
1Opinion of the Court
Opinion of tlie court by
Keaton, J.:
Upon tlie facts above stated and disclosed by the record in this case, two important questions are presented for determination.
First, whether or not, under the provisions of our statutes, a chattel mortgage executed in the presence of but one witness, and therefore not entitled to be filed, is valid as against a creditor of the mortgagor who has actual knowledge of the existence of said mortgage, prior to the time of acquiring, by attachment or other judicial proceeding, a specific lien on the property covered by such mortgage.
Second, whether or not the word…
2Cases cited11 opinions
- Karst v. . GaneNew York Court of Appeals · 1893
- Freiberg, Kline & Co. v. MagaleTexas Supreme Court · 1888
- Brothers v. Mundell, Munzesheimer & Co.Texas Supreme Court · 1883
- Crippen v. JacobsonMichigan Supreme Court · 1885
- Leinenkugel v. KehlWisconsin Supreme Court · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- First National Bank of Rock Springs v. LudvigsenWyoming Supreme Court · 1899
- Strahorn-Hutton-Evans Commission Co. v. FlorerSupreme Court of Oklahoma · 1898
- Pierson v. HickeySouth Dakota Supreme Court · 1902
- Reirdon v. SmithSupreme Court of Oklahoma · 1916
- Watts v. First National BankSupreme Court of Oklahoma · 1899
6 more not listed; retrieve them via the Exa API.