Baker v. Smelser
Texas Supreme Court
Error to Court of Civil Appeals for Fifth District, in an appeal from Bowie County. In the petition for writ of .error it is alleged, that “the precise and only question for adjudication in this case is, when does a chattel mortgage take effect as against the creditors of the mortgagor, where it is forthwith deposited with and filed in the office of -the proper county clerk? From the moment of its execution and delivery, or from the moment that it is filed?” In the trial…
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Error to Court of Civil Appeals for Fifth District, in an appeal from Bowie County. In the petition for writ of .error it is alleged, that “the precise and only question for adjudication in this case is, when does a chattel mortgage take effect as against the creditors of the mortgagor, where it is forthwith deposited with and filed in the office of -the proper county clerk? From the moment of its execution and delivery, or from the moment that it is filed?” In the trial court, it was held that the mortgage took effect from its execution. In the Court of Civil Appeals, that it only took…
1Opinion of the Court
GAINES, Chief Justice.
—The plaintiff in error brought this suit, to recover of defendant in error the value of a stock of merchandise which had been levied upon by virtue of a writ of attachment sued out by the latter against the property of one Watlington. After the-levy the goods were sold by virtue of an order of - the district judge, and were purchased and taken possession of by the defendant in error. The plaintiff in error recovered a judgment in the court below, but upon appeal the judgment was reversed and rendered for the defendant by the Court of Civil Appeals. The case was carried…
2Cases cited4 opinions
- Anderson v. GoffCalifornia Supreme Court · 1887
- Heidenheimer & Co. v. L. A. & EllisTexas Supreme Court · 1887
- Hathaway v. . HowellNew York Court of Appeals · 1873
- Bennett v. Lycoming County Mutual InsuranceNew York Court of Appeals · 1876
3Cited by70 opinions
- Pecos & Northern Texas Railway Co. v. RayzorTexas Supreme Court · 1915
- Schulz v. Frank Tessman & Bro.Texas Supreme Court · 1899
- Federal Life Insurance v. KritonTexas Supreme Court · 1923
- Gulf, West Texas & Pacific Railway Co. v. FrommeTexas Supreme Court · 1905
- McDaniel v. National Steam Laundry Co.Texas Supreme Court · 1922
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