Davis v. Carlisle
Court of Appeals for the Eighth Circuit
In Error to the United States Court of Appeals in the Indian Territory. This was an action in replevin by Carlisle to recover possession of 40 acres of cotton. In December, 1900, he sold to the defendant Davis a span of mares and took from him a note for the purchase price and to secure the same a chattel mortgage upon the mares and also upon the cotton.
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In Error to the United States Court of Appeals in the Indian Territory. This was an action in replevin by Carlisle to recover possession of 40 acres of cotton. In December, 1900, he sold to the defendant Davis a span of mares and took from him a note for the purchase price and to secure the same a chattel mortgage upon the mares and also upon the cotton. It was recited in the defeasance clause of the mortgage that it should be void if Davis paid the note and all other indebtedness including all other accounts made or given up to October 1, 1901. At that time there was no other indebtedness to…
1Opinion of the CourtHook, Circuit Judge
The mortgage to Carlisle contained an express and unambiguous provision that it should secure future advances, and, such advances having been made, his lien cannot be defeated by parol evidence that when the mortgage was given nothing more was contemplated than the debt then existing. To this effect is Moore v. Terry, 66 Ark. 393, 50 S. W. 998. The case of Martin v. Halbrooks, 55 Ark. 569, 18 S. W. 1046, *108does not conflict with this conclusion. There a mortgage given to secure a present indebtedness due at a specified date and also all other indebtedness then due was held not to include a…
2Cases cited12 opinions
- Shirras & Others v. Caig & MitchelSupreme Court of the United States · 1812
- Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
- Brinkerhoff v. MarvinNew York Court of Chancery · 1821
- Nicklin v. Betts Spring Co.Oregon Supreme Court · 1884
- Brinkmeyer v. BrownellerIndiana Supreme Court · 1876
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3Cited by9 opinions
- W. P. Fuller & Co. v. McClureCalifornia Court of Appeal · 1920
- Continental Supply Co. v. MarshallCourt of Appeals for the Tenth Circuit · 1945
- Elmendorf-Anthony Co. v. DunnWashington Supreme Court · 1941
- Garey v. Rufus Lillard Co.Supreme Court of Oklahoma · 1945
- Heller v. Gate City Building and Loan AssociationNew Mexico Supreme Court · 1965
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