Osborne v. State
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; STATEMENT BY THE COURT. Appellant was indicted for tbe crime of disposing of mortgaged property, upon wbicb a lien existed, with the intent to defraud the holder of the lien, the indictment alleging: * * That said Chester Osborne, in the county and State aforesaid, on the 20th day of May, A. D. 1912, then and there unlawfully and with the intent to cheat and defraud one Eugene Williams, did sell one red cow, of the…
Read the full summary
Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; STATEMENT BY THE COURT. Appellant was indicted for tbe crime of disposing of mortgaged property, upon wbicb a lien existed, with the intent to defraud the holder of the lien, the indictment alleging: * * That said Chester Osborne, in the county and State aforesaid, on the 20th day of May, A. D. 1912, then and there unlawfully and with the intent to cheat and defraud one Eugene Williams, did sell one red cow, of the value of twelve dollars, upon which the said Eugene Williams then and there had a lien, by virtue of a certain mortgage…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended that the court erred in overruling the demurrer to the indictment and in the admission and exclusion of certain testimony.
It is necessary, in cases of removing mortgaged property, upon which a lien exists, with the intention to defeat the holder of the lien and the collection of the debt secured by the mortgage or deed of trust, to allege the existence of the debt at the time of the commission of the offense, for, unless there be a debt in existence, there can be no lien. McCaskill v. State, 68 Ark. 491.
The indictment herein charges that…
2Cited by4 opinions
- Hill v. StateSupreme Court of Arkansas · 1972
- Murry v. StateSupreme Court of Arkansas · 1921
- Oldham v. SmithSupreme Court of Arkansas · 1941
- Hill v. StateSupreme Court of Arkansas · 1972