Legal Opinion

Cowart v. Allen

Supreme Court of Oklahoma

Decided June 20, 1913No. 2677PublishedCited by 2 opinions

Error from Superior Court, Pottawatomie County; George C. Abernathy, Judge. Action by J. J. Allen against Ran Cowart. Judgment for plaintiff, and defendant brings error.

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Error from Superior Court, Pottawatomie County; George C. Abernathy, Judge. Action by J. J. Allen against Ran Cowart. Judgment for plaintiff, and defendant brings error. On December' 17, 1907, one H. 'T. Jackson, in fact then living in Lincoln count}'', gave defendant in error (plaintiff in the trial court), then living at Stroud, Oída.,' his note for the sum of $510 and interest, due one year after date, and as security therefor his chattel mortgage of that date on certain property actually situated in said county, including the two horses involved in this ease, but in vaguely apparent…

1Opinion of the Court

Opinion. by

THACKEE, C.

(after stating the facts as above). In this opinion plaintiff in error will be designated as defendant and defendant in error as plaintiff, in accord with their respecive titles in the trial court. The facts are as stated above.

Section 4031, Eev. Laws 1910, (section 3542, St. Olda. 1890), reads:

“A. mortgage of personal property is void as against creditors of the mortgagor, subsequent purchasers, and incum-brancers of the property, for value, unless the original, or an authenticated copy thereof, be filed by depositing the same in the office of the register of deeds of…

2Cases cited5 opinions

  1. National Bank of Commerce v. JonesSupreme Court of Oklahoma · 1907
  2. La Crosse Boot & Shoe Mfg. Co. v. Mons Anderson Co.South Dakota Supreme Court · 1900
  3. La Crosse Boot & Shoe Manuf'g Co. v. Mons Anderson Co.South Dakota Supreme Court · 1897
  4. Hales v. ZanderSupreme Court of Oklahoma · 1909
  5. LaCrosse Boot & Shoe Mfg. Co. v. Mons Anderson Co.South Dakota Supreme Court · 1901

3Cited by2 opinions

  1. Gripe v. SinorSupreme Court of Oklahoma · 1966
  2. Burke v. First Nat. Bank of YukonSupreme Court of Oklahoma · 1946

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