Legal Opinion

McWhirter v. Penny

Supreme Court of Arkansas

Decided April 1, 1907Published

Appeal from Greene Circuit Court; Allen Hughes, Judge; STATEMENT BY THE COURT. Appellee’s intestate, Hampton, had an arrangement with appellant whereby appellant was to furnish appellee money with which to buy junk; also appellant was to furnish a lot upon which to put the same. Hampton claimed the right under the contract to ship the iron.

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Appeal from Greene Circuit Court; Allen Hughes, Judge; STATEMENT BY THE COURT. Appellee’s intestate, Hampton, had an arrangement with appellant whereby appellant was to furnish appellee money with which to buy junk; also appellant was to furnish a lot upon which to put the same. Hampton claimed the right under the contract to ship the iron. He was to find a purchaser for the junk, and after same was sold appellant was to have six dollars per ton of the purchase price, and Hampton was to get all that, the junk brought over $6 per ton. Hampton loaded the junk on a car to be shipped away from…

1Opinion of the Court

Wood, J.,

(after stating the facts.) The- court properly narrowed the issue under the facts of this, case to the question of who was entitled to the possession of the property. To maintain replevin, it was incumbent upon appellant to show that he was entitled to the immediate possession of the property. Carpenter v. Glass, 67 Ark. 135; Beebe v. DeBaun, 8 Ark. 510; Prater v. Frazer, 11 Ark. 249; Britt v. Aylett, 11 Ark. 475; Wallace v. Brown, 17 Ark. 449. There were no formal pleadings, but upon the affidavit and proof the only issue was the right to the immediate possession. The court…

2Cases cited2 opinions

  1. Wallace v. BrownSupreme Court of Arkansas · 1856
  2. Carpenter v. GlassSupreme Court of Arkansas · 1899

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