Great Western Manufacturing Co. v. Bathgate
Supreme Court of Oklahoma
Error from the District Court of Logan County; before Jno. E. Burford, Trial Judge. STATEMENT OE EACTS. This was an. action commenced by Thomas Bathgate by filing a petition in the district court of Logan county, on the 15th day of August, 1902. His first.cause of action was upon a promissory note in the sum of $5,173.43, dated April 1st, 1899, due and payable April 1st, 1902, with interest at eight por cent per annum.
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Error from the District Court of Logan County; before Jno. E. Burford, Trial Judge. STATEMENT OE EACTS. This was an. action commenced by Thomas Bathgate by filing a petition in the district court of Logan county, on the 15th day of August, 1902. His first.cause of action was upon a promissory note in the sum of $5,173.43, dated April 1st, 1899, due and payable April 1st, 1902, with interest at eight por cent per annum. The second cause of action set up a real estate mortgage of concurrent date with the above note, to secure the payment of the said sum of $5,173.43. This mortgage covered…
1Opinion of the Court
Opinion of the court by
Irwin, J:
The decision of this ease depended in the court below, and a reversal or affirmance of the decision of the district court depends in this court, upon the question as to whether the mortgage of the defendant in error, Bathgate, was a prior and superior lien upon the mill machinery purchased by the defendant, .Tait, of the Great Western Manufacturing Company, and placed in the mill subsequent to the signing and execution of the mortgage, as against the rights of the plaintiff in error, the Great Western Manufacturing Company, under their second mortgage and…
2Cases cited17 opinions
- McRea v. Central National Bank of TroyNew York Court of Appeals · 1876
- Voorhees v. . McGinnisNew York Court of Appeals · 1872
- Voorhis v. FreemanSupreme Court of Pennsylvania · 1841
- Hunt v. Bay State Iron Co.Massachusetts Supreme Judicial Court · 1867
- Ottumwa Woolen Mill Co. v. HawleySupreme Court of Iowa · 1876
12 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lawton Pressed Brick & Tile Co. v. Ross-Kellar Triple Pressure Brick MacH. Co.Supreme Court of Oklahoma · 1912
- Elerick v. ReedSupreme Court of Oklahoma · 1925
- Mortgage Bond Co. v. StephensSupreme Court of Oklahoma · 1937
- Seminole Supply Co. v. Seminole Refining Co.Supreme Court of Oklahoma · 1935
- Cusack v. Prudential Ins. Co. of AmericaSupreme Court of Oklahoma · 1943
9 more not listed; retrieve them via the Exa API.