Collins v. Lightle
Supreme Court of Arkansas
APPEAL from White Circuit Court. M. T. Sanders, Judge, STATEMENT. The defendant-, J. J. Ward, doing business as a druggist, in Searcy, under the firm name of J. J. Ward & Bro., to secure a debt of $762,76 which he owed the Collins Bros.
Read the full summary
APPEAL from White Circuit Court. M. T. Sanders, Judge, STATEMENT. The defendant-, J. J. Ward, doing business as a druggist, in Searcy, under the firm name of J. J. Ward & Bro., to secure a debt of $762,76 which he owed the Collins Bros. Drug Company of St. Louis, Mo., executed a mortgage on his stock and fixtures for $1,100 which was recorded on the 1st of March, 1886. The amount for which the mortgage was taken in excess of the debt was intended to cover advances the Collins Bros, Drug Company expected to make for defendant, or to pay off certain other creditors of Ward. The mortgage…
1Opinion of the Court
-■OPINION.
CocKRiLL, C. J.
In view of the principles announced in Fink v. Ehrman Bros., 44 Ark. 310, and Gauss Sons v. Doyle & Co., 46 Id. 122, we cannot say that the circuit judge who heard the evidence .and tried the issue, was not warranted in sustaining the attachment. The •question was one of fact, and upon the authority of those cases, the courts conclusion may be easily justified.
There is no evidence in the record to sustain the con-, fention that the plaintiffs in the attachment induced Ward to execute the mortgage .. . ,,. . ,
Hicks appears clearly and unequivocally as plaintiff; in.…
2Cases cited1 opinion
- Fink v. Ehrman Bros.Supreme Court of Arkansas · 1884
3Cited by5 opinions
- In re HawksDistrict Court, D. Kansas · 1913
- In Re Estate of StenzelSupreme Court of Minnesota · 1941
- Stenzel v. KregerSupreme Court of Minnesota · 1941
- Mooney v. StateSupreme Court of Arkansas · 1919
- Saxon v. PurmaSupreme Court of Arkansas · 1974