Smith v. Curreather's Mercantile Co.
Supreme Court of Oklahoma
Error from Cotmty Court, Kiowa County; J. S. Carpenter, Judge. Action by A. J. Smith against T. D.' Huck-aby and N. D. Harris to foreclose a chattel mortgage and to secure possession of property, in which defendants defaulted, and the Curreather’s Mercantile Company and another appeared as interpleaders. Judgment for interpleaders, and plaintiff brings error.
1Opinion of the CourtKane, J.
Upon rehearing we are convinced that the order dismissing the appeal should be set aside and the cause decided on its merits.
1 he facts, briefly, are these: That A. J. Smith, plaintiff in error herein, filed his petition in an action in replevin and brought suit on the 20th day of February, 1915, to foreclose a chattel mortgage given by T. D. Huckaby and N. D. Harris. Said mortgage was filed for record on the 29th day of December, 1911. On the 24th day of February, 1915, the Curreather’s Mercantile Company and G. W. Green filed for record in the office of the county clerk a mortgage given by…
2Cases cited7 opinions
- Southern Pine Lumber Co. v. WardSupreme Court of Oklahoma · 1905
- Gillette, Libby v. Murphy, Carroll, BroughSupreme Court of Oklahoma · 1898
- Outcalt v. CollierSupreme Court of Oklahoma · 1899
- Holland v. CofieldSupreme Court of Oklahoma · 1910
- Marshall v. ShepardSupreme Court of Kansas · 1880
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3Cited by9 opinions
- Harper v. Aetna Bldg. & Loan Ass'nSupreme Court of Oklahoma · 1922
- United States v. BrownDistrict Court, N.D. Oklahoma · 1926
- Brown v. NeustadtSupreme Court of Oklahoma · 1930
- American Nat. Bank v. HarrisCourt of Appeals for the Tenth Circuit · 1936
- Larkins-Warr Trust v. RaySupreme Court of Oklahoma · 1951
4 more not listed; retrieve them via the Exa API.