Bartlett, Reid & Co. v. Teah
United States Circuit Court
The plaintiffs sued out a writ of attachment, and caused it to be levied upon a stock of goods as the property of the defendant Amanda Teah. Edward Hunt and Abram Teah intervened in the suit, and filed their petition, claiming the property attached under an instrument claimed by them to be a mortgage, or deed of trust in the nature of a mortgage.
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The plaintiffs sued out a writ of attachment, and caused it to be levied upon a stock of goods as the property of the defendant Amanda Teah. Edward Hunt and Abram Teah intervened in the suit, and filed their petition, claiming the property attached under an instrument claimed by them to be a mortgage, or deed of trust in the nature of a mortgage. After reciting the names of the creditors, and the amount of their respective debts, it conveys the property, in apt words, absolutely to the assignees in trust, for the purpose of securing numerous creditors named in the full payment of their…
1Opinion of the CourtCaldwell, J.
The first question to be determined is the character of this instrument.
The interpleader maintains that it is a mortgage, or deed of trust in the nature of a mortgage, and the attaching creditor insists that it is an assignment for the benefit of creditors, and that, as such, its .validity must be tested by the provisions of the statute of this state relating to such instruments.
A brief consideration of the purposes and legal effect of the several instruments mentioned will disclose to which class this instrument belongs. A mortgage does not invest the mortgagee with an absolute and…
2Cases cited6 opinions
- Britton v. . LorenzNew York Court of Appeals · 1871
- Hoffman, Burneston & Co. v. MackallOhio Supreme Court · 1855
- Juliand v. . RathboneNew York Court of Appeals · 1868
- Turner v. WatkinsSupreme Court of Arkansas · 1876
- Pettit v. JohnsonSupreme Court of Arkansas · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Westfed Holdings, Inc. v. United StatesUnited States Court of Federal Claims · 2002
- In re Thomlinson Co.Court of Appeals for the Eighth Circuit · 1907
- H. B. Claflin Co. v. Middlesex Banking Co.U.S. Circuit Court for the District of Eastern Arkansas · 1902
- Courtenay Mercantile Co. v. FinchCourt of Appeals for the Eighth Circuit · 1912
- In re Heleker Bros. Mercantile Co.District Court, D. Kansas · 1914
4 more not listed; retrieve them via the Exa API.