EVANS v. FIRST NAT. BANK & TRUST CO. OF OKLAHOMA CITY

No. 5937.

49 F.2d 125 (1931)

EVANS et al. v. FIRST NAT. BANK & TRUST CO. OF OKLAHOMA CITY.

Circuit Court of Appeals, Fifth Circuit.

April 28, 1931.


Attorney(s) appearing for the Case

Royall G. Smith and Robt. T. Neill, both of San Angelo, Tex., R. L. Ball and A. W. Seeligson, both of San Antonio, Tex., and Robert B. Caldwell, of Kansas City, Mo. (Ball & Seeligson, of San Antonio, Tex., Smith & Neill, of San Angelo, Tex., and McCune, Caldwell & Downing, of Kansas City, Mo., on the brief), for appellants.

C. O. Harris, L. B. Harris, and M. E. Sedberry, all of San Angelo, Tex., and W. F. Wilson, of Oklahoma City, Okl. (Harris, Harris & Sedberry, of San Angelo, Tex., and Wilson & Wilson, of Oklahoma City, Okl., on the brief), for appellee.

Before BRYAN and FOSTER, Circuit Judges, and HUTCHESON, District Judge.


BRYAN, Circuit Judge.

The appellee bank brought two suits in replevin to recover possession of certain cattle upon which it held mortgages which authorized it to take possession of the cattle if the mortgagor should sell, or attempt to sell, them without its consent. The first suit, known as cause 218, claimed 250 head, and the second suit, known as cause 219, claimed 295 head, of cattle. Appellants Evans and Callan were partners. Callan for his firm purchased the...

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