Noble v. Worthy
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Southern District. C. B. Kilgore, Judge. Action in replevin by Sam and Ed. Noble, partners as Noble Bros, against J. N. Worthy. Lee Cruce, assignee, filed an inter plea. Judgment for Interpleader. Plaintiff appeals. January 10, 1894, the appellants, Sam and Ed.
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Appeal from the United States Court for the Southern District. C. B. Kilgore, Judge. Action in replevin by Sam and Ed. Noble, partners as Noble Bros, against J. N. Worthy. Lee Cruce, assignee, filed an inter plea. Judgment for Interpleader. Plaintiff appeals. January 10, 1894, the appellants, Sam and Ed. Noble, as partners under the firm name of Noble Bros, (hereinafter called plaintiffs,) filed in the United States Court, Third division (now Southern district) of the Indian Territory, their complaint in replevin against the appellee J. N. Worthy (hereinafter called the defendant,) to recover…
1Opinion of the CourtSpringer, C. J.
(after stating the facts.) At the trial of this case in the court below the plaintiffs submitted to the jury, as a part of the testimony relied on to sustain their cause, the deed of assignment from J. N. Worthy, the defendant, to Lee Cruce, the interpleader. After the deed was read, the counsel for the defendant and interpleader moved the court to strike said deed from the record, which motion was allowed, to which ruling of the court the plaintiffs excepted. After the plaintiffs’ case was closed, Lee Cruce, the interpleader, introduced the same deed in evidence *463as the basis of his title to…
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