Ferguson v. Hetherington
Supreme Court of Arkansas
APPEAL from Mississippi Circuit Court. Hon. J. N. Cypert, Circuit Judge. Argued on the evidence, and the verdict is such a departure from the law and evidence as to shock a person’s sense of justice. {SO Ark., 403; 33 4b., 757) The title was to remain in appellants until paid by fifteen bales of cotton to be shipped, and to be applied particularly to that purpose, which was not done.
1Opinion of the Court
English, 0. J.
In January, 1881, Ferguson and Hampson brought replevin against Rebecca Hetherington, before a justice of the peace of Mississippi County, for two mules.
Defendant gave a cross-bond, and filed an answer in which she denied title in the plaintiffs, and alleged that the mules belonged to the estate of her deceased husband, Andrew Hetherington, of which she was administratrix.
She filed, as part of her answer, a bill of sale for the mules, executed to Andrew Hetherington, at Memphis, Tennessee, by J. F. Grilmore, on the fourteenth of April, 1880.
There was a jury trial, and verdict…
2Cited by4 opinions
- Olson v. Moody, Knight & Lewis, Inc.Supreme Court of Arkansas · 1922
- Davis v. WOOD ET UX.Oregon Supreme Court · 1954
- Berger v. MillerSupreme Court of Arkansas · 1908
- Borengasser v. ChatwellSupreme Court of Arkansas · 1944