Legal Opinion

Rogers v. Nidiffer

Court Of Appeals Of Indian Territory

Decided October 19, 1904Published

Appeal from the United States Court for the Northern District. Joseph A. Gill, Judge. Action by Samuel Nidiffer against R. E. L. Rogers and others. Judgment for plaintiff. Defendants appeal.

1Opinion of the CourtClaytoN, J.

This is an action of replevin to rec'over possession of a lot of baled prairie hay, “estimated to be about forty tons,” located in the Rogers barn, at Fairland. Ind. Ter. The defendants (appellants here), while the owners of the hay, had placed a mortgage upon it, executed to their brother, C. A. Rogers, of Arkansas, to secure the payment of a note for $1,000 which he held against them. The plaintiff (appellee) was on several notes of the defendants as indorser. The defendants, as stated by his counsel in his statement of facts accompanying his brief, were in “failing circumstances” when a…

2Cases cited2 opinions

  1. Organ v. Memphis & Little Rock RailroadSupreme Court of Arkansas · 1888
  2. Sparks v. ChildersCourt Of Appeals Of Indian Territory · 1898

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