The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1900-11-22
AN IMPORTANT RULING.
An Indian Territory Cattle Case. AP.
pellate Court Protects Mortgages.

pellate Court Protects Mortgages.
In recent issue the st. Louis
says:
A decision of the first import
aoce to live stock commission
firms and cattlemen generally was
handed down yesterday by the
United States Circuit Court of Ap-
peals in the case of Evans, Snider,
Buell. & Co. VS.. w. P. McFadden
ct al. A large percent of the cat
tie business carried on in the south
west is done by money loaned to
the cattlemen by commission firms
in st. Louis, Kansas City and
Chicago, which is secured by
mortgages upon the live stock pur-
chased.
The decision set forth clearly
the rights of mortgager in trans
actions of this kind, as compared
with owners of old claims or judg-
ments against the mortgage.
The record in the case shows
that On June II, 1896, Evans,
Snider, Buell. & Co. held two deeds
of trust in the nature of mort
cages on SITS head of cattle own
ed by John r. Blocker. At that
time the cattle were pastured in
the Indian Territory, near Musko-
gee, in the Greek Nation.
The deeds were given by
Blocker to secure $13O, 900, which
he had received from the plaintiffs
to purchase the cattle. he not hav-
ing advanced a cent of his own for
the purpose. On June Z, 1896.
William McFadden & Son, defen-
dants in error, commenced an at
tachment suit against Blocker in
the United States Court for Indian
Territory in the sum of $50. 1851
upon judgment they had obtain
ed against him in Jefferson county
Texas, May 26. 1887.
"On June 90. 1896. they caused
a writ of attachment upon the cat.
tie to be issued. They were aware
that the two deeds of trust existed
having gained the description oi
the cattle on which the attach.
ment was issued from the records
of the deeds on file in the Indian
Territory. On July IA Evans,
Snider, Buell. & Co. gave bond in
the sum $150,000 as interpleader:
in the cause and were allowed
to obtain possession of the cattle
The writ issued in attachment
was returnable on December 3
1896. and at the return term tht
plaintiff company filed its inter
plea in due form, asserting tina
the cattle belonged to it and wert
not subject to seizure and sale al
property of John r Blocker. Two
days later, Dec. 20, 1896, judg
ment by default in the sum o
$55, ,S75.71 was rendered agains
Blocker in the attachment suit, b,
having failed to make answer II
complaint. Subsequently the is
sue arising on the interplea wa!
twice tried and resulted in verdic
in favor of the interpleader
These judgments were reversed
however, by the United States
Court Of Appeals for the Indiar
Territory and an appeal was takel
on a writ of error.
In their arguments before the
court of appeals the defendants
showed that mortgages made BY
outsiders affecting property in the
Greek Nation were validated by
an act of congress. A number Of
decisions were cited to prove this
ground. The court of appeals re
versed the decision rendered by thu
United States Court of Appeal!
8 for the Indian Territory and re
manded the case with instructions
for new trial. Judge Sanborr
dissented in the opinion"
Clear ComplexIon
Is sign of good health, which ii