Rainwater-Bradford Hat Co. v. McBride
Court of Appeals for the Eighth Circuit
Appeal from the United States Court of Appeals in the Indian Territory. On the 3d day of January, 1893, D. W. Hodges, a merchant of Lehigh, Ind.
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Appeal from the United States Court of Appeals in the Indian Territory. On the 3d day of January, 1893, D. W. Hodges, a merchant of Lehigh, Ind. T., being largely indebted, executed his deed of assignment of that date, whereby he conveyed all his “property, real, personal, and mixed, choses in action, debts, dues, assets, and demands, of every nature, kind, and description, wheresoever the same may be, except such property as is by law exempt to me,” to W. A. McBride, his successors and assigns, in trust for the benefit of the creditors of said Hodges. Said deed of assignment contained the…
1Opinion of the CourtLochren, District Judge
The first assignment of error assails the confirmation by the court of that part of the report of the special master which in effect sustains the validity of the deed of assignment, as executed; holding *599that whatever is questionable in the clause providing that the assignee shall sell all the property at public auction within 120 days after the execution of his bond is cured by the next clause, which requires that the assignee “shall, in executing this trust, be governed in all things by the laws regulating assignments for the benefit of creditors now in force in the Indian Territory.”…
2Cases cited4 opinions
- Churchill v. HillSupreme Court of Arkansas · 1894
- Pace v. J. S. Merrill Drug Co.Court Of Appeals Of Indian Territory · 1899
- Noyes v. GuyCourt Of Appeals Of Indian Territory · 1899
- Noyes v. NeelCourt of Appeals for the Eighth Circuit · 1900