Holman v. Nutt
Supreme Court of Arkansas
Appeal from Howard Circuit 'Court; W. C. Rodgers, Special Judge; 1. Appellees had no lien under §§ 4966-4967, Kirby’s Digest, for the purchase price of the horses, as against the claims of third persons. 104 Ark. 130; 52 Id. 273; 76 Id. 273, 91 Id. 218; 52 Id. 458; 45 Id. 136; 57 Id. 13; 64 Id. 132. The lien exists only ,so long as the property is in possession of the vendee.
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Appeal from Howard Circuit 'Court; W. C. Rodgers, Special Judge; 1. Appellees had no lien under §§ 4966-4967, Kirby’s Digest, for the purchase price of the horses, as against the claims of third persons. 104 Ark. 130; 52 Id. 273; 76 Id. 273, 91 Id. 218; 52 Id. 458; 45 Id. 136; 57 Id. 13; 64 Id. 132. The lien exists only ,so long as the property is in possession of the vendee. It was error to direct a verdict for ¡appellees. 1. Will Kennedy was a special agent to sell for cash only, and had no authority to sell to Holman to pay ¡a debt. 79 Ark. 401; lb. 408. 2. Holman was not a bona fide…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, L. O. Holman, instituted this action ¡against Reese Dyer, a constable in Howard County, to recover possession ¡of three horses which said constable had taken from plaintiff’s possession under process issued in two suits previously instituted before a justice of the peace in that county, one by Charles Kennedy and the other by S. L. Nutt against one Mack Craig. Kennedy sold two of the horses in eontroversy to Craig, and Nutt .sold the other one to Craig, and each of said actions against Craig was to recover the respective prices of the horses sold. Each of those parties caused…
2Cases cited6 opinions
- Fox v. Arkansas Industrial Co.Supreme Court of Arkansas · 1889
- Bridgeford & Co. v. AdamsSupreme Court of Arkansas · 1885
- Neal v. ConeSupreme Court of Arkansas · 1905
- Blass v. HoodSupreme Court of Arkansas · 1892
- Roach v. JohnsonSupreme Court of Arkansas · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hubbard v. HomeBank of ArkansasCourt of Appeals of Arkansas · 2011