McComb v. Judsonia State Bank
Supreme Court of Arkansas
Appeal from White Chancery Court; John E. Martineau, Chancellor; 1. The mortgage is void as to rights of third parties because the acknowledgment was taken before a notary who was president of the bank, the mortgagee. 68 Ark. 166; 70 Id. 309; 63 N. E. 1049; 96 Va. 138; 36 Fla. 575; 13 Mich. 329; 87 Iowa 363; Jones on Mortg., § 249; 50 N. E. 594. 2. The mortgage was fraudulent as to creditors because the mortgagor was left in possession and continued to sell the property…
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Appeal from White Chancery Court; John E. Martineau, Chancellor; 1. The mortgage is void as to rights of third parties because the acknowledgment was taken before a notary who was president of the bank, the mortgagee. 68 Ark. 166; 70 Id. 309; 63 N. E. 1049; 96 Va. 138; 36 Fla. 575; 13 Mich. 329; 87 Iowa 363; Jones on Mortg., § 249; 50 N. E. 594. 2. The mortgage was fraudulent as to creditors because the mortgagor was left in possession and continued to sell the property mortgaged for nearly thirty days. 50 Ark. 97. 3. The bill of sale was a subterfuge, not final, but only an unrecorded…
1Opinion of the CourtHart, J.
On the 18th day of August, 1907, A. C. McComb, by an instrument in writing, leased his sawmill and machinery to S. E. Austin, who was at the time doing business under the firm name of the Young Land & Lumber Company, and the same instrument also contained a contract whereby McComb sold to Austin the timber from certain .of his lands.
On November 1, 1907, Austin sent to McComb at Oshkosh, Wis., his check for $767.57 on the Judsonia State Bank in payment for timber cut off said lands. The bank refused to pay the check and returned it.
On the 16th day of November, 1907, McComb brought suit in the…
2Cases cited3 opinions
- Braddock v. EnglandSupreme Court of Arkansas · 1908
- Neal v. ConeSupreme Court of Arkansas · 1905
- Flask, Preston & Co. v. TindallSupreme Court of Arkansas · 1882
3Cited by1 opinion
- Lavender v. FinchSupreme Court of Arkansas · 1920