Garrison v. Street & Harper Furniture & Carpet Co.
Supreme Court of Oklahoma
Jlrror from District Court, Oklahoma County; B. F. Burnell Judge. Action in replevin by the Street & Harper Furniture & Carpet Company against G. W. Garrison. Judgment for plaintiffs and defendant brings error. Pending appeal plaintiff in error died', and action was revived in name of Kathleen Garrison and Harvey D. Garrison.
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Jlrror from District Court, Oklahoma County; B. F. Burnell Judge. Action in replevin by the Street & Harper Furniture & Carpet Company against G. W. Garrison. Judgment for plaintiffs and defendant brings error. Pending appeal plaintiff in error died', and action was revived in name of Kathleen Garrison and Harvey D. Garrison. Plaintiff in error in his brief makes a statement of facts in this case which for the purpose of this appeal, is by the defendant in error conceded to be correct. From it we glean the following facts upon which this opinion is predicated: November 20, 1904, the plaintiff…
1Opinion of the CourtDunn, J.
(after stating the facts as above). From the statement of facts it will be observed that Garrison's mortgage, which was given on November 89th, was not filed for record until December 31, 1904; that the Street & Harper Furniture & Carpet Company's mortgage, which was given December 15, 1904, and which, it is conceded, was taken without notice of the prior unrecorded mortgage, was not filed for record until January 3, 1905, it being filed four days after the filing of Garrison's mortgage, and about four hours after the possession of the property had been delivered to Garrison. The sole…
2Cases cited16 opinions
- Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
- Greenville National Bank v. Evans-Snyder-Buel Co.Supreme Court of Oklahoma · 1900
- Frank v. MinerIllinois Supreme Court · 1869
- Grand Forks National Bank v. Minneapolis & Northern Elevator Co.Supreme Court Of The Territory Of Dakota · 1889
- Nash v. NormentMissouri Court of Appeals · 1878
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Anderson v. Oklahoma Moline Plow Co.Court of Appeals for the Eighth Circuit · 1917
- Watson v. First National Bank of ClarkstonWashington Supreme Court · 1914
- Mitchell v. Guaranty State Bank of OkmulgeeSupreme Court of Oklahoma · 1918
- Stockyards Loan Co. v. NicholsCourt of Appeals for the Eighth Circuit · 1917
- Edge v. SmithSupreme Court of Oklahoma · 1955
6 more not listed; retrieve them via the Exa API.