Legal Opinion

Evans-Snider-Buel Co. v. McFadden

Court of Appeals for the Eighth Circuit

Decided November 19, 1900No. 1,403PublishedCited by 15 opinions

In Error to the United States Court of Appeals in the Indian Territory. The record in this case discloses the following facts, in the light of which it is to be determined: On June 17, 1896, the Evans-Snider-Buel Company, the principal plaintiff in error, held two deeds of trust in the nature of mortgages, one dated April 23, 1S96, and the other May 19, 1896, covering about 6,775 head of cattle, which deeds of trust had been executed by John R. Blocker, who was at the time a…

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In Error to the United States Court of Appeals in the Indian Territory. The record in this case discloses the following facts, in the light of which it is to be determined: On June 17, 1896, the Evans-Snider-Buel Company, the principal plaintiff in error, held two deeds of trust in the nature of mortgages, one dated April 23, 1S96, and the other May 19, 1896, covering about 6,775 head of cattle, which deeds of trust had been executed by John R. Blocker, who was at the time a resident and citizen of Bexar county, state of Texas. The cattle described and covered by the two deeds of trust were…

1Opinion of the CourtThayer, Circuit Judge

Among the numerous chapters of Mansfield’s Digest of the Laws of Arkansas which were extended over and put in force in the Indian Territory by the act of congress of May 2, 1890 (26 Stat. 81, 95, c. 182), was chapter 110, entitled “Mortgages,” which chapter contains, among others, the following sections:

“See. 4712. All mortgages, whether for real or personal estate, shall be proved or acknowledged in the same manner that deeds for the conveyance of real estate are now required bylaw to be proved or acknowledged; and When so proved or acknowledged shall be recorded — if for lands, in the…

2Cases cited30 opinions

  1. Campbell v. HoltSupreme Court of the United States · 1885
  2. Von Hoffman v. City of QuincySupreme Court of the United States · 1867
  3. Knox v. LeeSupreme Court of the United States · 1871
  4. Terry v. AndersonSupreme Court of the United States · 1877
  5. Ewell v. DaggsSupreme Court of the United States · 1883

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3Cited by15 opinions

  1. Baker v. Tulsa Bldg. & Loan Ass'nSupreme Court of Oklahoma · 1936
  2. Wirtz v. NestosNorth Dakota Supreme Court · 1924
  3. In re RansfordCourt of Appeals for the Sixth Circuit · 1912
  4. Mottu v. Davis.Supreme Court of North Carolina · 1909
  5. United States v. United Shoe Machinery Co.District Court, E.D. Missouri · 1916

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