Strahorn-Hutton-Evans Commission Co. v. Heffner
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court. statement by tite court. In 1898, W. L. Heffner, of Lonoke County, Arkansas, executed a mortgage to the Strahorn-Hutton-Eváns Commission Co., of Missouri, on about ninety head of cattle to secure advances made by the company to him. The cattle at that time were in the possession of the mortgagor, W. L. Heffner.
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Appeal from Lonoke Circuit Court. statement by tite court. In 1898, W. L. Heffner, of Lonoke County, Arkansas, executed a mortgage to the Strahorn-Hutton-Eváns Commission Co., of Missouri, on about ninety head of cattle to secure advances made by the company to him. The cattle at that time were in the possession of the mortgagor, W. L. Heffner. Afterwards this. suit was brought by the company against W. E- Heffner and his father, J. C. Heffner, to recover possession of certain cattle which it was alleged were conveyed by the mortgage. The cattle were in the possession of J. C. Heffner, and he…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This is an action of replevin to recover cattle, the possession which the plaintiff claims by virtue of a mortgage by one of the defendants. The defendant who execn'ed the mortgage made no defense, and a judgment was rendered against him for failing to answer. The other defendant, who was not a part to the mortgage, denied that the cattle seized under the writ of replevin were included in the mortgage; and whether this was so or not was the only issue in the case.
As the defendant gave bond for the retention of the property seized by the officer, he could…
2Cited by4 opinions
- Thornton v. ThorntonMissouri Court of Appeals · 1927
- Sibeck v. McTiernanSupreme Court of Arkansas · 1910
- Hester v. FiniganSupreme Court of Arkansas · 1954
- Mack Trucks of Arkansas, Inc. v. YarbroughSupreme Court of Arkansas · 1971