Shaul v. Harrington
Supreme Court of Arkansas
APPEAL from Lee Circuit Court. M. T. Sanders, Judge. Action of trover by the State for the use of Richard Shaul against V. M. Plarrington, sheriff, and his official bondsmen for property taken under writs of attachment in favor of the creditors of John Campbell. Shaul’s statement of the controversy is substantially as follows. He sold Campbell two mules and a wagon and harness on credit.
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APPEAL from Lee Circuit Court. M. T. Sanders, Judge. Action of trover by the State for the use of Richard Shaul against V. M. Plarrington, sheriff, and his official bondsmen for property taken under writs of attachment in favor of the creditors of John Campbell. Shaul’s statement of the controversy is substantially as follows. He sold Campbell two mules and a wagon and harness on credit. He says Campbell brought the property to him, stated that he was unable to pay for them, and offered to rescind the sale and return the property. To this he agreed. Thereupon Campbell remarked to him, at the…
1Opinion of the CourtCockrill, C. J.
Retention of possession by vendors proof The rule that retention of possession of personal property by the vendor raises a conclusive presumption of fraud has never prevailed in this State. This court has persistently held that continuance of possession by the vendor is in effect only a circumstance indicating fraud. Valley Distilling Co. v. Atkinson, 50 Ark., 289. The rule is frequently stated to be that, while constructive delivery is always sufficient to pass title as between vendor and vendee, nothing but actual delivery, where that is practicable, will be sufficient to pass the title as…
2Cases cited7 opinions
- Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Hallgarten v. OldhamMassachusetts Supreme Judicial Court · 1883
- Norwegian Plow Co. v. HanthornWisconsin Supreme Court · 1888
- Ingalls v. HerrickMassachusetts Supreme Judicial Court · 1871
- Thorndike v. BathMassachusetts Supreme Judicial Court · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Priest v. HodgesSupreme Court of Arkansas · 1909
- Elgin v. BarkerSupreme Court of Arkansas · 1913
- McDermott v. Kimball Lumber Co.Supreme Court of Arkansas · 1912
- Guion Mercantile Co. v. CampbellSupreme Court of Arkansas · 1909
- American Co. of Arkansas v. WheelerSupreme Court of Arkansas · 1930
13 more not listed; retrieve them via the Exa API.