Legal Opinion

Blanshard v. Schwartz

Supreme Court of Oklahoma

Decided July 30, 1898PublishedCited by 9 opinions

Error from the District Court of Kay County, before A. C. C. Bierer, District Judge. STATEMENT OP PACTS. TMs.was an action commenced in the district court of Kay county on October 12,1894, by John J. Blanshard, cashier of the Bank of Commerce, plaintiff, against C. H. Murray and S. M. Moore, partners, under the firm name of Murray & Moore, and Sarah J. Moore, defendants, upon a certain promissory note, and for tbe forclosure of a certain real estate mortgage, on lot No. 15…

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Error from the District Court of Kay County, before A. C. C. Bierer, District Judge. STATEMENT OP PACTS. TMs.was an action commenced in the district court of Kay county on October 12,1894, by John J. Blanshard, cashier of the Bank of Commerce, plaintiff, against C. H. Murray and S. M. Moore, partners, under the firm name of Murray & Moore, and Sarah J. Moore, defendants, upon a certain promissory note, and for tbe forclosure of a certain real estate mortgage, on lot No. 15 in block No. 34, in the town of Newkirk, in said county, said note and mortgage haying been executed by the said…

1Opinion of the Court

Opinion of the Court by

Hainer, J.:

The questions to be determined by this court in this controversy arise between the plaintiff in error, as mortgagee of a certain lot situated in the town of Newkirk, Oklahoma Territory, and the defendant in error, who claims a prior lien on the same property by virtue of a mechanic’s lien. The plaintiff in error claims a lien by virtue of a mortgage executed to him as cashier of the Bank of Commerce on the 11th day of August, 1894, The defendant in error asserts that his lien is a valid and superior lien to that of the mortgagee, which he claims to have…

2Cases cited9 opinions

  1. Daly v. Multnomah CountyOregon Supreme Court · 1886
  2. Rice v. HodgeSupreme Court of Kansas · 1881
  3. Seaton v. G. C. Hixon & Co.Supreme Court of Kansas · 1886
  4. El Reno Electric Light and Telephone Co. v. JennisonSupreme Court of Oklahoma · 1897
  5. Deatherage & Ewart v. HendersonSupreme Court of Kansas · 1890

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. K & H Well Service, Inc. v. Tcina, Inc.Supreme Court of Oklahoma · 2002
  2. De Bolt v. Farmers' Exchange BankSupreme Court of Oklahoma · 1915
  3. Littlefield v. BrownSupreme Court of Oklahoma · 1918
  4. Stetson & Post Lumber Co. v. W. & J. Sloane Co.Washington Supreme Court · 1910
  5. Bell v. HernandezSupreme Court of Kansas · 1934

4 more not listed; retrieve them via the Exa API.

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