(Download) "Lide v. Carothers" by United States Court of Appeals for the Eighth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Lide v. Carothers
- Author : United States Court of Appeals for the Eighth Circuit
- Release Date : January 30, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
LAY, Circuit Judge. David M. Lide, Jr., brought this action to foreclose a secret vendor's lien, allegedly created under Louisiana law, on cattle sold to Roy Carothers. He prayed that judgment be entered against Carothers in the sum of $38,800.00; that his lien be declared prior to that of other creditors of Carothers; that a receiver be appointed to take possession of the cattle; and that the cattle be sold in satisfaction of judgment if the judgment were not paid within a reasonable time. The Chancery Court of Chicot County, Arkansas, appointed a receiver and directed that the cattle be seized pursuant to a writ of attachment. Since the United States held a secured interest in the cattle, the action was removed to the United States District Court for the Eastern District of Arkansas. A receiver was appointed to sell the cattle and the court ordered that the proceeds of the sale be deposited in the registry of the court. The United States, Charolais International, and the Bank of Oak Grove, Louisiana, defendants in the suit, also asserted claims against the proceeds of the sale of the cattle. Carothers denied that he was indebted to Lide and filed a counterclaim seeking damages against Lide for failure to perform and for wrongful attachment.