First Nat. Bank of Bristow v. Rogers
Supreme Court of Oklahoma
Error from Greek County Court; Josiah G. Davis, Judge. Replevin by the First National Bank of Bristow against W. M. Rogers and another, in which J. C. Rogers intervened. Judgment for intervener, and plaintiff brings error. On February 7, 1907, one W. M. Rogers made, executed, and delivered to'.the First National Bank of Bristow, plaintiff in error, his certain chattel mortgage to secure the payment of a promissory note.
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Error from Greek County Court; Josiah G. Davis, Judge. Replevin by the First National Bank of Bristow against W. M. Rogers and another, in which J. C. Rogers intervened. Judgment for intervener, and plaintiff brings error. On February 7, 1907, one W. M. Rogers made, executed, and delivered to'.the First National Bank of Bristow, plaintiff in error, his certain chattel mortgage to secure the payment of a promissory note. The mortgage included, among other things, a crop of cotton to be raised by the mortgagor during the year 1907. About the last of February or the first of March, W. M. Rogers…
1Opinion of the CourtHayes, J.
(after stating the facts as above). The cotton in controversy was cultivated and produced, and the contracts under which each of the parties claims his right to same were made, in the Indian Territory before the admission of the state, and the rights of the parties are therefore controlled by the statutes relative to such eontrapts in force in that jurisdiction at that time.
The only error complained of by plaintiff in error is an alleged error of the trial court in refusing to give the following instruction:
“The court instructs the jury that under the statute of the Indian Territory, which…
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