Williams v. Cunningham
Supreme Court of Arkansas
APPEAL from Lincoln Circuit Court in Chancery. John A. Williams, Judge. J. M. Cunningham brought this suit against Robert Williams and Caswell Bunting to recover the amount of a promissory note executed by Bunting, and to enforce a lien on 5300 pounds of seed cotton, which it is alleged defendant, Williams, converted to his own use, with knowledge of the lien.
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APPEAL from Lincoln Circuit Court in Chancery. John A. Williams, Judge. J. M. Cunningham brought this suit against Robert Williams and Caswell Bunting to recover the amount of a promissory note executed by Bunting, and to enforce a lien on 5300 pounds of seed cotton, which it is alleged defendant, Williams, converted to his own use, with knowledge of the lien. The plaintiff alleges that he sold Bunting eighty acres of land on the 18th day of December, 1885, and for the purchase money took Bunting’s three notes for $166.66 each, due in one, two and three years from date; that one note was due,…
1Per curiam
1. Leins: On future property. It is the result of all the authorities, that wherever the parties by their contract intend to create a positive lien or charge, either upon real or personal property, whether then owned by the assignor or contractor or not, or ¡f personal property, whether it is then in esse, it attaches in equity as a lien or charge upon the particular property, as soon as the assignor or contractor acquires a title thereto, against the latter, and all persons asserting a claim thereto, under him, either voluntarily, or with notice by record. Jones on Chattel Mortgages, sec.…
2Cases cited1 opinion
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
3Cited by6 opinions
- Cox v. SmithSupreme Court of Arkansas · 1910
- Ward v. StarkSupreme Court of Arkansas · 1909
- United States v. BartholomewDistrict Court, W.D. Arkansas · 1956
- Murray Co. v. SatterfieldSupreme Court of Arkansas · 1916
- Baskin v. Aetna Life Ins. Co.Supreme Court of Arkansas · 1935
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