EDGE v. SMITH

No. 36400.

284 P.2d 711 (1955)

Frances B. EDGE, Administratrix of the Estate of Luther G. Edge, Deceased, Plaintiff in Error, v. Ralph F. SMITH, John W. Tyler, John M. Kane, and Scott Beasley, Co-Partners d/b/a General Acceptance Company, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied June 7, 1955.


Attorney(s) appearing for the Case

C.L. McArthur, Hobert G. Orton, Ada, for plaintiff in error.

A.W. Trice, Ada, for defendants in error.


JACKSON, Justice.

This is a replevin action involving the priority of two unfiled chattel mortgages. The parties will be referred to as they appeared in the trial court.

On March 11, 1953, the Guy Thrash Motor Company, a partnership composed of Guy Thrash and Lucille Thrash, executed a chattel mortgage (hereinafter referred to as first mortgage), on the automobile in question to the defendants herein.

On March...

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