Stone v. Thacker
Court Of Appeals Of Indian Territory
Appeal from the United States court for the Southern district. C. B. Kilgore, Judge. Action by W. S. Thacker and another against C. H. Stone and others. Judgment in favor of plaintiffs. Defendants appeal.
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Appeal from the United States court for the Southern district. C. B. Kilgore, Judge. Action by W. S. Thacker and another against C. H. Stone and others. Judgment in favor of plaintiffs. Defendants appeal. Appellees, W. S. Thacker and D. Applegate, as plaintiffs, on the 6th day of January, 1897, filed their suit in the United States court in and for the Southern district of the Indian Territory at Chickasha to foreclose a mortgage against certain gin property described in the complaint, praying for a foreclosure of a mortgage, and for an order of court to sell same. That at the February term,…
1Opinion of the CourtGill, J.
Appellants raise but one matter in their specifications of error, viz. that the court below erred in making an order requiring the mortgaged property to be sold for cash, instead of on a credit for three months, claimed to be required by section 5171, Mansf. Dig. (section 8376, Ind, T. Ann St. 1899). Said section reads as follows: “Sales of personal property made by order of court, shall be on a credit of three months. * * * • In sales on credit the purchaser shall execute bond with good surety to be approved by the person making the sale, which bond shall have the force of a judgment.” This…
2Cases cited1 opinion
- Welch v. HicksSupreme Court of Arkansas · 1871
3Cited by1 opinion
- Continental Gin Co. v. De BordSupreme Court of Oklahoma · 1915