Legal Opinion

Ranney-Alton Mercantile Co. v. Watson

Supreme Court of Oklahoma

Decided February 8, 1901PublishedCited by 3 opinions

Error from, the Probate Court of Noble uounty; before Ethan Allen, Probate Judge. STATEMENT OP THE CASE. It appears from the record in this case, that on the 20th day of March, 1899, and some time prior thereto, one Z. H. McCubbins was engaged in the retail grocery business, in the city of Ferry; and that on March 20, 1899, the said McCubbins sold to the defendant in error, B. M. Watson, his entire stock of goods, and the said defendant in error immediately took possession…

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Error from, the Probate Court of Noble uounty; before Ethan Allen, Probate Judge. STATEMENT OP THE CASE. It appears from the record in this case, that on the 20th day of March, 1899, and some time prior thereto, one Z. H. McCubbins was engaged in the retail grocery business, in the city of Ferry; and that on March 20, 1899, the said McCubbins sold to the defendant in error, B. M. Watson, his entire stock of goods, and the said defendant in error immediately took possession thereof, and continued to conduct said business until the 31st of January, 1900, when the store was closed by the…

1Opinion of the Court

Opinion of the court by

Hainer, J.:

The chattel mortgage referred to in the findings of fact of the trial court contains the following provisions:

“In case said mortgagee shall at any time hereafter feel unsafe or insecure, he shall be entitled to and may take and hold possession of said mortgaged property at the expense of said mortgagor, until payment of said note, or performance of the act for the performance of which this mortgage is security.
“If, however, said mortgagee shall not take possession of said property for the reason aforesaid, then said mortgagor shall retain possession and…

2Cases cited6 opinions

  1. Butts v. PeacockWisconsin Supreme Court · 1868
  2. Anderson v. PattersonWisconsin Supreme Court · 1885
  3. Place v. LangworthyWisconsin Supreme Court · 1861
  4. Chapin v. JenkinsSupreme Court of Kansas · 1893
  5. Leser v. GlaserSupreme Court of Kansas · 1884

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

3Cited by3 opinions

  1. Clark v. HuckabyCourt of Appeals for the Eighth Circuit · 1928
  2. Turk v. KramerSupreme Court of Oklahoma · 1929
  3. Godfrey and Smith v. Hutchinson Wholesale Grocer Co.Supreme Court of Oklahoma · 1903

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