Legal Opinion

Browning v. De Ford

Supreme Court of the United States

Decided May 21, 1900No. 245PublishedCited by 3 opinions

ERROR TO AND APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA. This was an action in the nature of trover by the surviving partners of the firm of Henry W. King & Company, and. four other creditors, as chattel mortgagees, against Charles H. De Ford, sheriff of Oklahoma County, to recover the value of a stock of goods seized by the defendant and sold under writs of attachment issued against the property of the firm of W. F. Wolfe & Son, in suits instituted by…

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ERROR TO AND APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA. This was an action in the nature of trover by the surviving partners of the firm of Henry W. King & Company, and. four other creditors, as chattel mortgagees, against Charles H. De Ford, sheriff of Oklahoma County, to recover the value of a stock of goods seized by the defendant and sold under writs of attachment issued against the property of the firm of W. F. Wolfe & Son, in suits instituted by general creditors of that firm. Defendant justified under these writs of attachment, and alleged that the indebtedness of each…

1Opinion of the CourtJustice Brown

This was a contest between mortgage creditors suing as plaintiffs and attaching creditors representing the defendant sheriff.

The facts are that on December 15, 1890, the firm of W. F. Wolfe & Son, retail merchants, and conducting a store at Oklahoma City, executed a joint chattel mortgage to one Yance and several other creditors for whom he acted, and by whom he was authorized to take any security he could get, of their stock of goods at Oklahoma City, and another stock at the city of Guthrie, not involved in this case. The mortgagees immediately took possession of the mortgaged property by…

2Cases cited2 opinions

  1. Bach v. . TuchNew York Court of Appeals · 1891
  2. Stokes v. BurnsSupreme Court of Missouri · 1896

3Cited by3 opinions

  1. Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
  2. Hines v. United States Ex Rel. MarshCourt of Appeals for the D.C. Circuit · 1939
  3. Elson v. ClaytonSupreme Court of Iowa · 1925

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