Herrick v. First National Bank
Court of Appeals for the Ninth Circuit
Petition for Revision of Order of and Appeal from the District Court of the United States for the Northern Division of the Eastern District of Washington; Frank H. Rudkin, Judge. In the matter of George R. Jesse, bankrupt. Appeal and petition to revise by J. E. Herrick, trustee to review an order in favor of the First National Bank of Colville, Wash. Reversed.
1DissentGilbert, Circuit Judge
In addition to the reasoning on which the court below in its opinion reached the conclusion that the mortgage should be upheld, I submit the following considerations: It was stipulated between the parties that the notarial seal on the affidavit was affixed thereto by the notary who took the acknowledgment of the mortgage, and that on the trial undisputed oral testimony was admitted, over objection, that the mortgagor made oath to the affidavit, and that the mortgage was on a single sheet of paper with blank forms for the affidavit and the acknowledgment on the back thereof. Here was a chattel…
2Cases cited18 opinions
- Stout v. FolgerSupreme Court of Iowa · 1871
- Kruse v. WilsonIllinois Supreme Court · 1875
- Cox v. SternIllinois Supreme Court · 1897
- Sellers v. StateSupreme Court of Alabama · 1909
- Farmer's Bank of Virginia v. GettingerWest Virginia Supreme Court · 1870
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