Merrill v. Sypert
Supreme Court of Arkansas
Appeal from Howard Circuit Court. Will P. Feazel, Judge. On December 20, 1892, Sypert brought suit against Merrill upon a note given by Merrill to Wright for the purchase of a mare, and assigned by Wright to Sypert, and an order was issued that the mare be taken from Merrill’s possession, and held subject to the court’s order. Baker, Damage & Co. gave bond, and intervened for the mare, claiming under a prior recorded mortgage given to them by Merrill.
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Appeal from Howard Circuit Court. Will P. Feazel, Judge. On December 20, 1892, Sypert brought suit against Merrill upon a note given by Merrill to Wright for the purchase of a mare, and assigned by Wright to Sypert, and an order was issued that the mare be taken from Merrill’s possession, and held subject to the court’s order. Baker, Damage & Co. gave bond, and intervened for the mare, claiming under a prior recorded mortgage given to them by Merrill. Upon the trial of the interplea, it appeared that the mortgage, relied upon by the interveners to establish their title, bore date as of…
1Opinion of the CourtWood, J.
1. Parol evidence is admissible to prove that a certificate of acknowledgment was executed on a date other than that appearing on the face of it, without contravening the rule “that parol contemporaneous evidence is inadmissible to contradict or vary the terms of a written instrument.” The factum of the acknowledgment is not questioned, and the rejected proof was to show the true date, of which the date it bore was only prima facie evidence. Hall v. Cazenove, 4 East, 477; Jayne v. Hughes, 10 Exch. 430; Randfield v. Randfield, 6 Jur. (N. S.) 901; Reffell v. Reffell, 12 Jur. (N. S.) 910; Gately…
2Cases cited4 opinions
- Shaughnessey v. LewisMassachusetts Supreme Judicial Court · 1881
- Smith v. ScarbroughSupreme Court of Arkansas · 1895
- Gately v. IrvineCalifornia Supreme Court · 1875
- Meech v. FowlerSupreme Court of Arkansas · 1853
3Cited by5 opinions
- Ewert v. BeckCourt of Appeals for the Eighth Circuit · 1916
- Thomas v. American Radio & Television Inc.Supreme Court of Arkansas · 1958
- Montgomery County Canning Company v. BatesSupreme Court of Arkansas · 1947
- Mo. Pacific Railroad Co., Thompson, Trustee v. EvansSupreme Court of Arkansas · 1943
- Moran v. Union Savings Bank & Trust Co.Supreme Court of Arkansas · 1936