De Clark v. Waters
Wyoming Supreme Court
. Error to .the District Court, Sheridan County, Hon. David H. Craig, Judge of Third District, presiding. This was an action instituted by W. P. Waters against'F. A. DeClark for the cancellation of a chattel mortgage, the plaintiff claiming to have paid the debt secured thereby. Defendant denied such payment and by cross-petition sought foreclosure of the mortgage.
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. Error to .the District Court, Sheridan County, Hon. David H. Craig, Judge of Third District, presiding. This was an action instituted by W. P. Waters against'F. A. DeClark for the cancellation of a chattel mortgage, the plaintiff claiming to have paid the debt secured thereby. Defendant denied such payment and by cross-petition sought foreclosure of the mortgage. The notes secured by the mortgage had gone into the hands of third persons as collateral security, being endorsed for that purpose by the defendant. Plaintiff claimed to have paid them to'the holders. In the case of certain of the…
1Opinion of the Court
Potter, Chibe Justice.
W. P. Waters instituted this action in the District Court for the cancellation of a certain chattel mortgage executed by him to the defendant below, F. A. DeClark. The mortgage was given to secure the payment of nineteen promissory notes, each payable “on or before” a certain time therein designated; the first note maturing three months after its date and the last note falling due fifty-five months after date. They were dated August 12, 1897. The plaintiff alleged in his petition that he had paid all the notes in full, and had tendered to defendant an amount sufficient…
2Cases cited3 opinions
- Garlick v. JamesNew York Supreme Court · 1815
- Zimpleman v. VeederIllinois Supreme Court · 1881
- Depuy v. ClarkIndiana Supreme Court · 1859
3Cited by7 opinions
- Llano Granite & Marble Co. v. HollingerTexas Commission of Appeals · 1919
- Lane v. Midwest Bancshares CorporationDistrict Court, E.D. Arkansas · 1972
- Eckert v. SearcyMississippi Supreme Court · 1917
- Vaughn v. Central State BankCourt of Appeals of Texas · 1930
- Parmley v. AynesworthCourt of Appeals of Texas · 1931
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