Legal Opinion

Riddle v. Hudgins

Court of Appeals for the Eighth Circuit

Decided October 16, 1893No. 263PublishedCited by 28 opinions

Appeal from the United States Court in the Indian Territory. Jn Equity. Bill by Joseph G-. Hudgins and Holder Hudgins, trading under the firm name of Hudgins & Bro., to enforce against ,Dauf Riddle, administrator of the estate of Blackstone Nichols, deceased, an equitable mortgage upon certain personal property. Decree was rendered for complainants. Defendant appeals.

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Appeal from the United States Court in the Indian Territory. Jn Equity. Bill by Joseph G-. Hudgins and Holder Hudgins, trading under the firm name of Hudgins & Bro., to enforce against ,Dauf Riddle, administrator of the estate of Blackstone Nichols, deceased, an equitable mortgage upon certain personal property. Decree was rendered for complainants. Defendant appeals. Statement by CALDWELL, Circuit Judge: This suit grows out of the following state of faois: Joseph G-, Hudgins and Holder Hudgins, white men, and partners in trade under the firm name of Hudgins & Bro., residing and doing…

1Opinion of the CourtCaldwell, Circuit Judge

Upon the evidence in the case it is indisputable that the intestate, Nichols, at the time of his death owed the plaintiffs the amount stated in the master’s report, and that by an express agreement between the plaintiffs and Nichols they had a lien on the cattle and other property mentioned in the bill to secure the payment of that indebtedness. The lien, which was created by agreement of the parties in this case, is called an “equitable lien” or an “equitable mortgage.” It is said equitable liens by contract of the parties are as various as are the contracts which parties may make. 1 Jones,…

2Cases cited6 opinions

  1. Trustees v. GreenoughSupreme Court of the United States · 1882
  2. Hauenstein v. LynhamSupreme Court of the United States · 1880
  3. Hauselt v. HarrisonSupreme Court of the United States · 1882
  4. Gregory v. MorrisSupreme Court of the United States · 1878
  5. Fletcher v. MoreyU.S. Circuit Court for the District of Massachusetts · 1843

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3Cited by28 opinions

  1. Veazey v. City of DurhamSupreme Court of North Carolina · 1950
  2. United States v. William George Dunbar, M. D.Court of Appeals for the Fifth Circuit · 1980
  3. United States v. John Hitchmon, A/K/A John Ashanti, and Jessie Lee Fussell, DefendantsCourt of Appeals for the Fifth Circuit · 1979
  4. Charles Resnik v. La Paz Guest RanchCourt of Appeals for the Ninth Circuit · 1961
  5. United States v. John M. GrabinskiCourt of Appeals for the Eighth Circuit · 1982

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

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