[DOWNLOAD] "E. T. Flack Et Al v. First National Bank Dalhart" by The Texas Court of Criminal Appeals " Book PDF Kindle ePub Free

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eBook details

• Title: E. T. Flack Et Al v. First National Bank Dalhart
• Author : The Texas Court of Criminal Appeals
• Release Date : January 18, 1950
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

This suit involves a question of priority of mortgages. Petitioners and one Quincy Reeves about February 1, 1946, purchased from one Gordon Wicks at Clovis, New Mexico, about 179 head of Black Angus cows and some calves and which included the cattle covered by the mortgages in this suit, petitioners paying for one half of the cattle and Reeves paying for the other one half. After selling off approximately 60 head, the remaining cattle were placed on a pasture belonging to one Walton and located near Raton, New Mexico and in Colorado. Walton was to look after the cattle and he, representing petitioners, and Reeves were to divide the cattle so as to segregate the common ownership into individual ownership in particular animals in Flack and Wier of one half and Reeves of one half. None of the cattle were in Waltons brand, but about 135 of them were branded with a quarter circle Lazy G omega or a MO on the right hip. About April 13, 1946, Walton and Reeves contacted Mr. Woods of respondent Bank regarding a loan of money to purchase a grass lease in Colorado. Reeves was a regular customer of the Bank, but Walton was not known to the Bank. The Bank made Walton a loan of about $4700.00 on said date to pay for an individual grass lease, but before making the loan required Walton to give to the Bank a sworn financial statement. In this statement Walton swore that he then owned the particular 86 Angus cows involved in this suit subject to mortgage to the First National Bank of Raton to secure an indebtedness of $5600.00 due July 1946. This $4700.00 loan was repaid to the Bank in due time and is not in the present suit. Prior to April 23, 1946, Walton approached Woods of respondent Bank with regard to borrowing some $12,000.00 additional money with which to pay off the Raton bank and pay the purchase price for 74 Hereford cattle, and offered as security for this loan a total of 247 head of cows and calves which included the 86 Angus cows involved in this suit. Mr. Woods, on April 22, 1946, inspected the cattle offered by Walton as security for

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