First National Bank of Hennessey v. Hesser
Supreme Court of Oklahoma
Error from the District Court of Payne County; before Jno. II. Burford. Trial Judge. STATEMENT OF FACTS. This is an action brought by the First National Bank of Hennessey, Kingfisher county, O. T., against .the defendant, J: P. Hesser, sheriff of Payne county, 0. T. The plaintiff brings action in replevin, basing title upon a chattel mortgage executed to it by one G. W. Baker, for an actual loan of $860.00, at Hennessey, 0. T., where said mortgage was executed and delivered,…
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Error from the District Court of Payne County; before Jno. II. Burford. Trial Judge. STATEMENT OF FACTS. This is an action brought by the First National Bank of Hennessey, Kingfisher county, O. T., against .the defendant, J: P. Hesser, sheriff of Payne county, 0. T. The plaintiff brings action in replevin, basing title upon a chattel mortgage executed to it by one G. W. Baker, for an actual loan of $860.00, at Hennessey, 0. T., where said mortgage was executed and delivered, on April 13,. 1901, the property mortgaged 'being at the time at Stillwater, in Payne county. Said mortgage was not at…
1Opinion of the Court
Opinion of the court by
Gillette, J.:
No question is raised in the record touching the validity of plaintiff’s mortgage or of plaintiff’s right of possession thereunder, of the property sought to be taken in replevin, so far as the owner and mortgagor, G. W. Baker, is concerned.
This action was replevin, brought by the plaintiffs to recover from the defendant the property mortgaged by Baker to plaintiff.
The case presents a question of right of possession as between plaintiff and defendant Hesser, who was at the time sheriff of Payne county, and claimed the right of possession by force of two…
2Cases cited2 opinions
- Greenville National Bank v. Evans-Snyder-Buel Co.Supreme Court of Oklahoma · 1900
- Central Loan & Trust Co. v. Campbell Commission Co.Supreme Court of the United States · 1899
3Cited by3 opinions
- First Nat. Bank of Seminole v. HenshawSupreme Court of Oklahoma · 1934
- Friedman v. First Nat. Bank of ClevelandSupreme Court of Oklahoma · 1913
- Rice v. Ed Hockaday & Co.Supreme Court of Oklahoma · 1924