Cragin v. Carmichael
U.S. Circuit Court for the District of Iowa
Writ of error to the district court for the district of Iowa. Alonzo Cragin, the defendant in error, is the assignee in bankruptcy of Smith Patterson, lately a merchant at Tama City, Iowa. The plaintiffs in error, Carmiehael, Brooks & Co., were bankers -at the same place, and held a chattel mortgage upon the stock in trade of Patterson, the validity of which was contested by the assignee.
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Writ of error to the district court for the district of Iowa. Alonzo Cragin, the defendant in error, is the assignee in bankruptcy of Smith Patterson, lately a merchant at Tama City, Iowa. The plaintiffs in error, Carmiehael, Brooks & Co., were bankers -at the same place, and held a chattel mortgage upon the stock in trade of Patterson, the validity of which was contested by the assignee. The material facts are these: The action by the assignee in the court below against the defendants was brought under the 35th section of the bankrupt act [of 1SC7 (14 Stat. 534)], and alleged in substance…
1Opinion of the Court
DILLON, Circuit Judge.
The chattel mortgage of the bankrupt to the defendants below was executed and delivered to them on May 24th, 1872, more than four months before the filing of the petition in bankruptcy. This mortgage was duly recorded October 4th, 1S72, within four months of the bankruptcy. On the 15th day of November, 1872, the defendants below took actual possession under their mortgage, and were in possession when the petition for adjudication of bankruptcy was filed, which was on the 19th day of the same month.
Two errors are assigned, which I proceed to notice. The court below…
2Cases cited7 opinions
- Hughes v. CorySupreme Court of Iowa · 1866
- Torbert v. HaydenSupreme Court of Iowa · 1861
- Miller v. BryanSupreme Court of Iowa · 1856
- Campbell v. LeonardSupreme Court of Iowa · 1861
- Kuhn v. GravesSupreme Court of Iowa · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lyon v. Council Bluffs Sav. BankU.S. Circuit Court for the Southern District of Iowa · 1886
- Clark v. HezekiahDistrict Court, E.D. Arkansas · 1885
- In re SchmittDistrict Court, N.D. Ohio · 1901