Breathwit v. Bank of Fordyce
Supreme Court of Arkansas
Appeal from Cleveland Circuit Court. Carroll D. Wood, Judge. 1. The court erred in its final instruction for the plaintiff,. and in finding there was no acceptance of the mortgage by the mortgagees before attachment issued. A delivery to one mortgagee of a mortgage made to secure a several debt to each is a sufficient delivery to all. Jones, Ch. Mortg. sec. 109; Herm.
Read the full summary
Appeal from Cleveland Circuit Court. Carroll D. Wood, Judge. 1. The court erred in its final instruction for the plaintiff,. and in finding there was no acceptance of the mortgage by the mortgagees before attachment issued. A delivery to one mortgagee of a mortgage made to secure a several debt to each is a sufficient delivery to all. Jones, Ch. Mortg. sec. 109; Herm. Ch. Mortg. secs. 66, 67; Boone, Mortg. sec. 238; 78 Mich. 631; 18 Conn. 261. When the deed is beneficial to the creditor, and his dissent is not shown, his assent is presumed. 18 Conn. 261; 50 Md. 477; 27 Pac. 150; 3 Barb. Ch.…
1Opinion of the CourtBatteE, J.
On the 20th of October, 1890, J. L. & J. R. Breathwit were partners doing business at Kings-land, in this State. They were insolvent, and many of their creditors were urging them to pay their claims. They endeavored to get time, but, failing in this, in order to secure the debts owing by them (J. L. & J. R. Breath-with) to H. C. Draughn & Co., J. W. Doster, M. D. Wells & Co., Hill, Fontaine & Co., William Breathwit, and the Bank of Little Rock, executed a mortgage, and thereby conveyed to the creditors named certain personal property and real estate, on condition that the mortgage should be…
2Cases cited21 opinions
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Tompkins v. WheelerSupreme Court of the United States · 1842
- Tuttle v. Turner, Wilson & Co.Texas Supreme Court · 1866
- Grove v. BrienSupreme Court of the United States · 1850
- Robinson v. GouldSupreme Court of Iowa · 1868
16 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re BlountDistrict Court, E.D. Arkansas · 1906
- In re GrayeMontana Supreme Court · 1907
- Rhea v. Planters' Mutual InsuranceSupreme Court of Arkansas · 1905
- Woldenberg v. HainesOregon Supreme Court · 1899