Sunny South Lumber Co. v. Neimeyer Lumber Co.
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court in Chancery. Charles W. Smith, Judge. STATEMENT BY THE COURT. This suit in equity was brought by the A. J. Neimeyer Lumber Company against the Sunny South Lumber Company and C. H. Gates & Son to foreclose a mortgage upon personal property.
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Appeal from Lafayette Circuit Court in Chancery. Charles W. Smith, Judge. STATEMENT BY THE COURT. This suit in equity was brought by the A. J. Neimeyer Lumber Company against the Sunny South Lumber Company and C. H. Gates & Son to foreclose a mortgage upon personal property. The essential facts are as follows : The firm of C. H. Gates & Son purchased from C. L. Byrne & Company certain personal property, to-wit, a saw-mill, boiler and machinery attached, besides wagons and oxen, etc., for which they agreed to pay $6,500., Gates & Son paid $1,500 in cash, and gave five notes, of $1,000 each,…
1Opinion of the Court
JRiddick, J.,
(after stating' the facts.) We are of the opinion that the circuit court did not err in holding' that the Neimeyer Lumber Company had a valid lien upon the property mortgaged to it by Gates & Son. This property had been purchased by Gates & Son from Byrne & Company under an agreement that the title should remain in Byrne & Comp'any until the purchase money was fully paid. Afterwards the Neimeyer Company furnished the money to pay a considerable portion of the purchase price, and to secure itself received from Gates & Son a mortgage upon the property. Although the purchase price…
2Cases cited14 opinions
- Street v. SinclairSupreme Court of Alabama · 1881
- Florsheim Bros. Dry Goods Co. v. LesterSupreme Court of Arkansas · 1895
- Millington v. Hill, Fontaine & Co.Supreme Court of Arkansas · 1886
- Clapp Bros. v. Halliday Bros.Supreme Court of Arkansas · 1886
- McClure v. HillSupreme Court of Arkansas · 1880
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3Cited by14 opinions
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- Linograph Company v. LoganSupreme Court of Arkansas · 1927
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