Hamilton v. Diefenderfer
Wyoming Supreme Court
Error to the District Court, Sheridan County;- Hon. Carroll H. Parmelb®, Judge. Each of the actions was replevin brought by Alf Diefen-derfer against D. P. Hamilton. Erom a judgment in favor of the plaintiff in each case the defendant brought error. The material facts are stated in the opinions.
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Error to the District Court, Sheridan County;- Hon. Carroll H. Parmelb®, Judge. Each of the actions was replevin brought by Alf Diefen-derfer against D. P. Hamilton. Erom a judgment in favor of the plaintiff in each case the defendant brought error. The material facts are stated in the opinions. The evidence seems to be undisputed that the indebtedness secured by the mortgage assigned to Diefenderfer had been paid and satisfied prior to the asisgnment, since no 'evidence was produced to contradict the admissions of John Schmitt, the mortgagor, and Marie Schmitt, the mortgagee, made prior to…
1Opinion
ON PETITION POR RRHRARING.
Pottsr, Justice;.
A petition for a rehearing has been filed in each of these cases which, as stated in the former opinion, were submitted together, and had been consolidated in the District Court for the purpose of trial.
The only points discussed in the brief in support of the petition for rehearing are those mainly relied upon 'by the *275plaintiff in error at the time the cases were originally submitted, viz.: that the mortgage assigned to Diefenderfer had been paid, and should have been cancelled, while it remained in the hands of the assignor, Marie Schmitt, and that…
2Cases cited20 opinions
- Landigan v. MayerOregon Supreme Court · 1898
- Sammis v. JamesSupreme Court of Florida · 1893
- Stevens v. BellMassachusetts Supreme Judicial Court · 1810
- Cushing v. GoreMassachusetts Supreme Judicial Court · 1818
- Rockafellow v. PeaySupreme Court of Arkansas · 1882
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