Legal Opinion

Ames Iron Works v. Chinn

Court of Appeals of Texas

Decided December 9, 1896PublishedCited by 19 opinions

The record shows the following evidence in reference to the registry of the chattel mortgage: “G. W. Gayle testified that he is and was in December, 1891, clerk of the County Court of Brazoria County, Texas; keeps chattel mortgages filed for record arranged alphabetically, so as to be easily found; keeps a register also.

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The record shows the following evidence in reference to the registry of the chattel mortgage: “G. W. Gayle testified that he is and was in December, 1891, clerk of the County Court of Brazoria County, Texas; keeps chattel mortgages filed for record arranged alphabetically, so as to be easily found; keeps a register also. The mortgage offered above was filed December 11, 1891, in my office; Mr. Shapard and others called to see if there was any mortgage on record; said mortgage was not filed with the others or registered; was under impression there was no such mortgage in the office, but about…

1Opinion of the Court

JAMES, Chief Justice.

Mahoney & Swanson gave appellants a chattel mortgage (deed of trust) on an engine and boiler on December 4, 1891, witnessed by J. S. Gray, and not acknowledged. The property was described as being in Brazoria County. The instrument was filed for registration with the County Clerk of Brazoria County on December 11, 1891. The property was not in Brazoria County when the mortgage was made, but was at that time bought of appellants and was shipped to Brazoria County to Mahoney & Swanson, from Tyler, Texas, later in December, 1891. Chinn obtained the property under mortgage…

2Cases cited6 opinions

  1. Texas & Pacific Railway Co. v. BreadowTexas Supreme Court · 1896
  2. Freiberg, Kline & Co. v. MagaleTexas Supreme Court · 1888
  3. Hensel v. International Building & Loan Ass'nTexas Supreme Court · 1892
  4. Cleveland v. Empire MillsCourt of Appeals of Texas · 1894
  5. Parker v. Panhandle National BankCourt of Appeals of Texas · 1896

1 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Scaling v. First National BankCourt of Appeals of Texas · 1905
  2. Adams v. Houston Nat. BankTexas Commission of Appeals · 1928
  3. Hammels v. SentousCalifornia Supreme Court · 1907
  4. Burlington State Bank v. Marlin Nat. BankCourt of Appeals of Texas · 1918
  5. Snodgrass v. J. I. Case Threshing MacH. Co.Supreme Court of Oklahoma · 1918

14 more not listed; retrieve them via the Exa API.

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