Imperial Valley Savings Bank v. Huff
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Scott Wood, Judge; 1. The court erred in its declarations of law. Under the laws of California the title to the cattle-passed to the mortgagee. 5 R. C. L., § 22, pp. 927-8; Civil Code of Cal., §§ 2965-6-7, 2955 to 2972; 127 Cal. 648-652; 84 Id. 554-6; 63 Id. 4, 550; 152'Id. 488, 493; 121 Id. 8; 117 Id. 412; 36 Id. 414; 61 Pac. 84. 2. The lien attaches to the proceeds of ^ale. 131 Cal. 11-14; 144 Id. 468-470; 138 Id. 334; 37 Pac. 914. 3. The…
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Appeal from Garland Circuit Court; Scott Wood, Judge; 1. The court erred in its declarations of law. Under the laws of California the title to the cattle-passed to the mortgagee. 5 R. C. L., § 22, pp. 927-8; Civil Code of Cal., §§ 2965-6-7, 2955 to 2972; 127 Cal. 648-652; 84 Id. 554-6; 63 Id. 4, 550; 152'Id. 488, 493; 121 Id. 8; 117 Id. 412; 36 Id. 414; 61 Pac. 84. 2. The lien attaches to the proceeds of ^ale. 131 Cal. 11-14; 144 Id. 468-470; 138 Id. 334; 37 Pac. 914. 3. The lien of appellant is superior to the claim of appellees who took with notice. 127 Cal. 290; 4 Cal. Unreported Cases,…
1Opinion of the CourtHart, J.
E. J. Phillips was arrested in Hot Springs. Garland County, Arkansas, as a fugitive from justice, charged with having unlawfully disposed of mortgaged property in the State of California. He sued out a writ of habeas corpus in the circuit court and was permitted to deposit with the clerk of the court $1,100.00 in lieu of baii. Appellants filed an intervention in which they set up that the money deposited as bail with the clerk of the court-was derived from the proceeds of personal property which Phillips had mortgaged to appellants and which he had sold without their consent.
The prayer was…
2Cases cited4 opinions
- Reavis v. BarnesSupreme Court of Arkansas · 1880
- Judge v. CurtisSupreme Court of Arkansas · 1904
- Mathew v. MathewCalifornia Supreme Court · 1903
- Burke v. First National BankNebraska Supreme Court · 1900
3Cited by3 opinions
- Mitchell v. MasonSupreme Court of Arkansas · 1931
- May Way Mills, Inc. v. Jerpe Dairy Products Corp.Supreme Court of Arkansas · 1941
- Columbia Basin Wool Warehouse Co. v. First Nat. Bank of FairfieldDistrict Court, D. Idaho · 1923