Williams v. Kemper Hundley & McDonald Dry Goods Co.
Supreme Court of Oklahoma
Error From the District Court of Cleveland County. On August 1, 1893, the Houghton Mercantile Co., a partnership at Purcell, Indian Territory, assigned all their property to S. L. Williams, of Purcell, in trust for the benefit of their creditors. The deed of trust included and sought to convey two lots in Lexington, Oklahoma, together with the business house of said firm situated thereon.
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Error From the District Court of Cleveland County. On August 1, 1893, the Houghton Mercantile Co., a partnership at Purcell, Indian Territory, assigned all their property to S. L. Williams, of Purcell, in trust for the benefit of their creditors. The deed of trust included and sought to convey two lots in Lexington, Oklahoma, together with the business house of said firm situated thereon. This deed was recorded in the register of deed’s office in Cleveland county, O. T., the county wherein the real estate in question is situated. On August 3, 1894, the defendant in error, the Kem-per Hundley…
1Opinion of the Court 1
The opinion of the court was delivered by
Burrord, J.:
Two propositions are presented which are decisive of the questions involved.
1. Was the deed of assignment sufficient under our Statute to constitute a deed of conveyance and to entitle it to be recorded?
2. Gan an assignment with preferences, good in the jurisdiction where made, be sustained in Oklahoma where preferences are prohibited, as between non-resident creditors and debtors?
A number of other questions are argued by counsel, but we think a proper determination of these two propositions will dispose of the case.
It is conceded that the…
Also in this document: Opinion of the Court · Fuller.
2Cases cited13 opinions
- Green v. Van BuskirkSupreme Court of the United States · 1869
- Paxson v. BrownCourt of Appeals for the Eighth Circuit · 1894
- Chafee v. Fourth National BankSupreme Judicial Court of Maine · 1880
- Heyer v. AlexanderIllinois Supreme Court · 1884
- Gardner v. Commercial National BankIllinois Supreme Court · 1880
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3Cited by3 opinions
- Reiser v. JohnstonSupreme Court of Oklahoma · 1917
- Pitman v. Marquardt & SonsIndiana Court of Appeals · 1898
- Prentice v. CoughranSouth Dakota Supreme Court · 1916