Bowen v. Fassett
Supreme Court of Arkansas
APPEAL from Mississippi Circuit Court. Hon. L. L. Mack, Circuit Judge. The trust deed was notice to the world, and was a lien from May 21, 1875. The deposit with the clerk is the-filing; the endorsement simply a memorandum of time of filing. Oats v. Walls, 28 Arle., 244; 2 Washburn Peat Property, top page 591. See also Gantt’s Digest, secs. 5024, 5025.
1Opinion of the CourtEnglish, C. J.
This was a code action, in the nature of trover at common law, brought in the Circuit Court of Mississippi county, b}r W. J. Bowen, as trustee for the use of Driver & Jones, against Joseph Eassett, for the value of five bales of cotton.
- Plaintiff claimed the cotton by virtue of a deed of trust, executed to him, as trustee, on the twenty-first of May, 1875, by Esau Trust, for the use of Driver & Jones.
The deed was upon the then growing cotton crop of Trust, and was executed by him as security for $150 advanced by Driver & Jones, to enable him to make his crop.
Defendant claimed the five bales…
2Cited by4 opinions
- Dean v. Planters National Bank of HughesDistrict Court, E.D. Arkansas · 1959
- In re T. H. Bunch Commission Co.District Court, E.D. Arkansas · 1915
- First National Bank v. BedingfieldSupreme Court of Arkansas · 1907
- Continental Supply Co. v. ThomasSupreme Court of Arkansas · 1917