Davis v. Carlisle
Court Of Appeals Of Indian Territory
Appeal from the,. United States Court for the Western District. Charles W. Raymond, Judge. Action by'S. N Oarlislé against Henry Davis and others. Judgment for plaintiff. " Defendants appeal. The appellee, S. N. Carlisle, brought suit of replevin against appellant Henry Davis in Commissioners’ Court for the recovery of 40 acres of cotton, which he claimed under a mortgage executed to him by Davis. ' The -Hayes Mercantile Company was made a party defendant.
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Appeal from the,. United States Court for the Western District. Charles W. Raymond, Judge. Action by'S. N Oarlislé against Henry Davis and others. Judgment for plaintiff. " Defendants appeal. The appellee, S. N. Carlisle, brought suit of replevin against appellant Henry Davis in Commissioners’ Court for the recovery of 40 acres of cotton, which he claimed under a mortgage executed to him by Davis. ' The -Hayes Mercantile Company was made a party defendant. Answer was filed, the case was tried, decision in favor of plaintiff, and appealed to the District Court at Muscogee. It was tried there,…
1Opinion of the CourtGill, J.
On the trial of the case in the District Court the appellee introduced evidence tending to prove the following facts, to wit: That on December 20, 1900, plaintiff sold to defendant Davis two mares for the sum of $207.47, and he executed a note for said sum, due October 1, 1901, with interest at 10 per cent, .from date, secured by chattel mortgage on the animals and other personalty, including certain 40 acres of cotton. ■ That afterwards, to wit, on March 11, 1901, plaintiff loaned to Davis the sum of $87, for which Davis executed a note due October 1, 1901, with interest at 10 per cent, from…
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