McClure v. McDearmon
Supreme Court of Arkansas
Appeal from Independence Circuit Court. Hon. Elisha BaxteR, Circuit Judge. A mortgage -will not pass chattels not in existence at the time it was made, or not in the ownership of the mortgagor at the time. 1 Hilliard on Mortgages, p. 6; 3 lb., ch. J$, sec. J, T- and cases cited, particularly Moody v. Wright, IS, (Mass.) SO, S9; Winslow v. Merchants, etc., 3d, 306; Bernard v. Eaton, 3 Cush., 394-; Godman v. Freeman, 3d Ga., 306; Otis v. Sill, 8 Barb., 103; Gardner McEwen, 19…
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Appeal from Independence Circuit Court. Hon. Elisha BaxteR, Circuit Judge. A mortgage -will not pass chattels not in existence at the time it was made, or not in the ownership of the mortgagor at the time. 1 Hilliard on Mortgages, p. 6; 3 lb., ch. J$, sec. J, T- and cases cited, particularly Moody v. Wright, IS, (Mass.) SO, S9; Winslow v. Merchants, etc., 3d, 306; Bernard v. Eaton, 3 Cush., 394-; Godman v. Freeman, 3d Ga., 306; Otis v. Sill, 8 Barb., 103; Gardner McEwen, 19 N. Y., 133; Qhapin v. Cram., 40 Maine 561; Cudworth v. Scott,41 N. H., 4.76; Bose v. Bevan, 10 Md., 466. The mortgage,…
1Opinion of the Court
<GltEU&, J.
'On the 27th of August, 1868, the appellee presented his bill of complaint to the chancellor of Independence county, and prayed an injunction against the appellant, which was awarded .and the bill filed in the office of the clerk of that county.
‘The complainant alleged that on the third of May, 1867, he and “William Ingram, jointly owned a saw mill, machinery, etc., for running the mill and manufacturing lumber, and also a lease for four years, from November, 1866, of the ground on which the mill stood; that he owned one-third and Ingram two-thirds; and that they could not agree in…
2Cases cited5 opinions
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Pennock v. CoeSupreme Court of the United States · 1860
- Rowan v. Sharps' Rifle Manufacturing Co.Supreme Court of Connecticut · 1860
- Gregg v. SanfordIllinois Supreme Court · 1860
- Allen v. DunlapNew York Supreme Court · 1864
3Cited by1 opinion
- Senter v. MitchellUnited States Circuit Court · 1883