Legal Opinion

Rainwater-Bradford Hat Co. v. McBride

Court Of Appeals Of Indian Territory

Decided October 5, 1901PublishedCited by 2 opinions

Appeal from the United States court for the Central district. W. H. H. Clayton, Judge. Bill by the Rainwater-Bradford Hat Company and others against W. A, McBride and others. From a decree in favor of defendants, plaintiffs appeal. On the 3d day of January, 1893, D. W. Hodges, who was engaged in the mercantile business in the town of Lehigh, Ind.

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Appeal from the United States court for the Central district. W. H. H. Clayton, Judge. Bill by the Rainwater-Bradford Hat Company and others against W. A, McBride and others. From a decree in favor of defendants, plaintiffs appeal. On the 3d day of January, 1893, D. W. Hodges, who was engaged in the mercantile business in the town of Lehigh, Ind. T., executed a deed of assignment whereby he conveyed “all his property, real, personal, and mixed, choses in action, debts, dues, assets, and demands of every nature, kind, and description, wheresoever the same may be, except such property as is by…

1Opinion of the Court

Gill,, J.

Counsel for appellants make eight assignments of error, the first of which is that the court below erred in sustaining the finding of the master wherein he found that the direction in the deed of assignment to the assignee to sell all the property assigned to him for the payment of debts at public auction within 120 days after the execution of his bond was cured of illegality by the following provision: “He (my assignee) shall, in executing this trust, be governed in all things by the laws regulating assignments for the benefit of creditors now in force in the Indian Territory,” —…

2Cases cited6 opinions

  1. Branch v. MitchellSupreme Court of Arkansas · 1866
  2. Churchill v. HillSupreme Court of Arkansas · 1894
  3. Gaty v. HolcombSupreme Court of Arkansas · 1884
  4. Gordon v. StateCourt of Appeals of Texas · 1891
  5. Pace v. J. S. Merrill Drug Co.Court Of Appeals Of Indian Territory · 1899

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Hope v. BourlandSupreme Court of Oklahoma · 1908
  2. Richardson v. HarshaSupreme Court of Oklahoma · 1908

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