McFadden v. Blocker
Court Of Appeals Of Indian Territory
Appeal from the United States court for the Northern District. William M. Springer, Judge. Action by W. P. H. McFadden and another against John Tt. Blocker and another. The Evans-Snyder-Buel Company intervenes. Judgment for defendants. Plaintiffs appeal.
1Opinion of the CourtClayton, C. J.
This case was before us and decided by this court at its last January term. We then reversed and remanded the case. The facts are fully stated in the opinion we then handed down. See 2 Ind. Ter. Rep. 260, (48 S. W. 1043.) The case now, however, presents two different phases, one of law and the other of fact.' The new question of law raised is that, inasmuch as there was no provision in the recording acts of this jurisdiction whereby a mortgage executed by a nonresident mortgagor could be recorded, as could be done by a resident, and as the mortgagee, therefore, was required to take possession…
2Cases cited21 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- United States v. CruikshankSupreme Court of the United States · 1876
- Leisy v. HardinSupreme Court of the United States · 1890
- Thompson v. UtahSupreme Court of the United States · 1898
- Powell v. PennsylvaniaSupreme Court of the United States · 1888
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3Cited by4 opinions
- Duehay v. Acacia Mut. Life Ins. Co.Court of Appeals for the D.C. Circuit · 1939
- Wylie v. HaysTexas Supreme Court · 1924
- Steele v. KelleySupreme Court of Oklahoma · 1912
- Martinsen v. MullaneyDistrict Court, D. Alaska · 1949