Legal Opinion

Cooper v. State

Supreme Court of Arkansas

Decided November 15, 1881PublishedCited by 8 opinions

APPEAL from Lawrence Circuit Court. Hon. R. A. Powell, Circuit Judge. It is a felony to dispose of mortgaged property when the-mortgage is properly recorded. Acts 1875, p. 129 ; but by the Acts 1877, p. 81, which provides for filing mortgages,, etc., no penalty is attached for disposing of the property so-mortgaged. No copy of the indictment was served upon appellant.. Const.

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APPEAL from Lawrence Circuit Court. Hon. R. A. Powell, Circuit Judge. It is a felony to dispose of mortgaged property when the-mortgage is properly recorded. Acts 1875, p. 129 ; but by the Acts 1877, p. 81, which provides for filing mortgages,, etc., no penalty is attached for disposing of the property so-mortgaged. No copy of the indictment was served upon appellant.. Const. Ark.,p. 4, sec. 10. The indictment is founded on the latter part of the section-of the Act of February 3, 1875. Acts 1874-5, p. 129-30.. The lien is created by the execution of the deed of trust, and no matter whether it…

1Opinion of the CourtEnglish, C. J.

On the third of September, 1881', Isaac-Z. Cooper was indicted in the Circuit Court of Lawrence county for removing mortgaged property, etc.

There were three counts in the indictment, the first count charging, in substance:

That said Isaac Z. Cooper, on the first day of June, 1881, in the county of Lawrence, etc., feloniously did remove beyond the limits of said county, one sorrel horse, of the value of fifty dollars, upon which sorrel horse then and there did exist a lien, by virtue of a deed of trust executed by the said Isaac Z. Cooper, on the thirteenth day of January, 1881, in favor of Gr.…

2Cited by8 opinions

  1. Mills v. StateSupreme Court of Florida · 1909
  2. Freeman v. TrummerOregon Supreme Court · 1907
  3. Coker v. StateSupreme Court of Alabama · 1890
  4. Baltimore & O. R. v. Western Union Telegraph Co.District Court, S.D. New York · 1917
  5. Robinson v. StateSupreme Court of Arkansas · 1894

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