Smith v. First Nat. Bank of Cadiz, Ohio
Supreme Court of Oklahoma
Appeal from the United States Court for the Southern District of the Indian Territory, at Ardmore; Hosea Townsend, Judge. Chattel mortgage foreclosure by the First National Bank of Cadiz, Ohio, against W. R. Smith, W. N. Taliaferro, and others. Judgment for plaintiff, and Taliaferro appeals. cited: Bank of Indiana v. Anderson, 14 Iowa, 544; Bickford v. Beetles (S. D.) 63 N. W. TTO; Heirs v. Hays, 60 Ind. 452; Williams v. Jackson, 107 IT.
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Appeal from the United States Court for the Southern District of the Indian Territory, at Ardmore; Hosea Townsend, Judge. Chattel mortgage foreclosure by the First National Bank of Cadiz, Ohio, against W. R. Smith, W. N. Taliaferro, and others. Judgment for plaintiff, and Taliaferro appeals. cited: Bank of Indiana v. Anderson, 14 Iowa, 544; Bickford v. Beetles (S. D.) 63 N. W. TTO; Heirs v. Hays, 60 Ind. 452; Williams v. Jackson, 107 IT. S. 478; Jones on Mortgages (4th Ed.) vol. 1, §§ 818, 820; 2 Pomeroy’s Eq. Juris. (3rd'Ed.) §§ 654, 658, 693, 695, 702, 740, 770. cited: Swift v. Bank of…
1Opinion of the CourtKaNE, C. J.
This was a suit in equity commenced by the First National Bank of Cadiz, Ohio, the appellee, to foreclose a chattel mortgage upon 103 head of cattle, of the value of $3,000. It seems that on the 18th day of June, 1901, W. R. Smith, H. P. Wiggs, and Ed Sacra executed their promissory note for $4,430.40, due six months after date, to Tamblyn & Tamblyn, commission merchants, and of even date therewith made, executed, and delivered their chattel mortgage on 230 head of cattle to secure payment of same. On the 1st day of July, 1901, Tamblyn & Tamblyn indorsed and delivered the note to Annabel…
2Cases cited3 opinions
- Hollinshead v. John Stuart & Co.North Dakota Supreme Court · 1898
- New Orleans Canal & Banking Co. v. MontgomerySupreme Court of the United States · 1877
- Swift v. Bank of WashingtonCourt of Appeals for the Eighth Circuit · 1902
3Cited by11 opinions
- Chase v. Commerce Trust Co.Supreme Court of Oklahoma · 1923
- Scott v. TaylorSupreme Court of Florida · 1912
- Foster v. Augustanna College & Theological SeminarySupreme Court of Oklahoma · 1923
- Winnebago State Bank v. HallSupreme Court of Oklahoma · 1927
- Wills v. FullerSupreme Court of Oklahoma · 1915
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