Collin County Grain Co. v. Andrews
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; George W. Hays, Judge; STATEMENT BY THE COURT] Tbe appellant brought this suit against the appellees to recover a car of oats which the appellees were in possession of under an attachment, issued at the instance of the C. H. Couch Commission Company against the Brown Grain Company, a nonresident.
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Appeal from Columbia Circuit Court; George W. Hays, Judge; STATEMENT BY THE COURT] Tbe appellant brought this suit against the appellees to recover a car of oats which the appellees were in possession of under an attachment, issued at the instance of the C. H. Couch Commission Company against the Brown Grain Company, a nonresident. The appellant alleged that it was the owner of the oats by virtue of the purchase of same, and by transfer to it for value from the Brown Grain Company of the bill of lading, issued at Muskogee, Oklahoma, August 3, 1910. ' The appellees denied that the appellant…
1Opinion of the Court
Wood, J.,
(after stating the facts). The court, in its instructions, under the pleadings and the evidence, correctly confined the issue to whether or not the appellant was the owner and entitled to the possession of the property in controversy. Appellant had no right to maintain this suit unless it was the owner of the car through its alleged purchase of the same on August 7, 1910, and the court, in its instructions,, placed the burden upon the appellant to show that it was the owner of the property at the time the appellee commission company took possession thereof under the attachment.
We…
2Cases cited1 opinion
- Cox Wholesale Grocery Co. v. National BankSupreme Court of Arkansas · 1913
3Cited by2 opinions
- Ellis v. CaruthersSupreme Court of Arkansas · 1919
- State Line Lumber Co. v. ShultsSupreme Court of Arkansas · 1931