Legal Opinion · Dissent

Evans-Snider-Buel Co. v. McFadden

Court of Appeals for the Eighth Circuit

Decided November 19, 1900No. 1,403Published

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…

1DissentSanborn, Circuit Judge

The validity of the act of February 3, 1897, as construed by the majority of this court, in. view of the basic principles of the social compact and of the fifth amendment to the constitution, which declares that “no person shall be deprived of life, liberty or property without due process of law,” is best tested by a candid look at its legal effect upon the property of the parties to this action. It is conceded by the opinion of the majority, and it was settled by the statutes then in force in the Indian Territory and by the uniform decisions of the supreme court of Arkansas interpreting…

2Cases cited40 opinions

  1. Calder v. BullSupreme Court of the United States · 1798
  2. Fletcher v. PeckSupreme Court of the United States · 1810
  3. Campbell v. HoltSupreme Court of the United States · 1885
  4. Cole v. CunninghamSupreme Court of the United States · 1890
  5. Ewell v. DaggsSupreme Court of the United States · 1883

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