Union Stockyards Bank of Wichita v. Hamilton
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western. District of Kentucky; Walter Evans, Judge.' Suit by the Union Stockyards Bank of Wichita, Kan., against Ered Hamilton and others. From a decree for defendants, complainant appeals.
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Appeal from the District Court of the United States for the Western. District of Kentucky; Walter Evans, Judge.' Suit by the Union Stockyards Bank of Wichita, Kan., against Ered Hamilton and others. From a decree for defendants, complainant appeals. The opinion of the trial court is as follows: The plaintiff, under date of November .11,1914, took the note of Roy E. West-brook for ij3,265.25, due at four months, with a clause for the precipitation of its maturity under certain conditions which have arisen. 1’ayment of the note was secured by a mortgage on 74 head of cattle described in that…
1Opinion of the Court
McCALL, District Judge.
This is a suit in equity to enforce a chattel mortgage. The court below denied the relief prayed and dismissed the bill, and the defendants appealed. Several errors are assigned, but only two were urged at the hearing. One presents a question of law, the other a question of fact. We shall consider them in the order stated.
The question of law arises on the construction of section 5224, chapter 82, article 2, of the General Statutes of Kansas of 1909, which is as follows:
“Kvery mortgage or conveyance Intended to operate as a mortgage of personal property, which shall not…
2Cases cited7 opinions
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- In Re DuncanSupreme Court of the United States · 1891
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- Central National Bank v. BrecheisenSupreme Court of Kansas · 1902
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