Legal Opinion

First National Bank of Sallisaw v. Barbour

Supreme Court of Oklahoma

Decided May 15, 1908No. 713, Ind. TPublishedCited by 1 opinion

Error from, the United, States Court for the Central District of the Indian Territory, at Poteauj William II. II. Clayton, Judge. Action in replevin by the First National Bank of Sallisaw against D. P. Barbour. Judgment for defendant, and plaintiff appeals.

1Opinion of the CourtKane, J.

This was an action in replevin brought by the appellant, plaintiff below, against appellee, defendant' below, to recover possession of certain personal property for the purpose of selling the same under a power of sale contained in a chattel mortgage executed by the defendant to the plaintiff. The complaint and affidavit in replevin were in the usual form.. The answer, after specifically denying every material allegation of the complaint, proceeds as follows:

“Defendant admits that he executed to plaintiff a mortgage November 1, 1902, as security for a note of even date therewith for $320, but…

2Cases cited2 opinions

  1. Payne v. McCormick Harvesting Machine Co.Supreme Court of Oklahoma · 1901
  2. Hill v. FellowsSupreme Court of Arkansas · 1867

3Cited by1 opinion

  1. Nolan v. MathisSupreme Court of Oklahoma · 1931

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