Nichols & Shepard Co. v. Bishop
Supreme Court of Oklahoma
Error from the District Court of Garfield Cowntyj before John L. McAtee, Trial Judge. Action for replevin by plaintiff in error against tbe defendant in error in the district conrt of Garfield county, to recover six hundred bushels of wheat of the value of $300, upon which plaintiffs claimed a mortgage lien.
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Error from the District Court of Garfield Cowntyj before John L. McAtee, Trial Judge. Action for replevin by plaintiff in error against tbe defendant in error in the district conrt of Garfield county, to recover six hundred bushels of wheat of the value of $300, upon which plaintiffs claimed a mortgage lien. The answer was a general denial, and that the sheriff was in posession of the property under and by virtue of a writ of attachment; and also that the property covered by the plaintiff’s mortgage-was not the property attached.
1Opinion of the Court
Opinion of the court by
Pancoast, J.:
This was an action brought by the plaintiff in error in the district court of Garfield county against the defendant in error to recover six hundred bushels of' wheat, which they claimed the right of possession of under and by virtue of a chattel mortgage given by one W. H. Seriteh-field, the owner of the property. The defendant claimed to hold the property under and by virtue of a writ of attachment issued against the property of W. H. Seritehfield.
There are numerous assignments of errors arising at the trial of the ease, and upon the instructions given,…
2Cases cited2 opinions
- Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
- Parsons Savings Bank v. SargentSupreme Court of Kansas · 1878
3Cited by2 opinions
- Edge v. SmithSupreme Court of Oklahoma · 1955
- Bell-Wayland Co. v. Miller-Mitscher Co.Supreme Court of Oklahoma · 1913